HomeMy WebLinkAboutZ-6367 Staff AnalysisAugust 25, 1997
Item No.: 7
File No..:
Owner:
Address-
Description:
zoned:
Variance Requested:
Justification:
Present Use of Property_:
Proposed Use of Property:
Staff Report:
A. Public Works Comments:
No Comments.
B. Staff Anal sis•
Z-6367
Juan Gutierrez
1805 Fair Oaks Drive
Lot 14, Broadmoor North
R-2
Variances are requested from the
accessory building area regulations
of Section 36-156 and the building
line provisions of Section 31-12.
The building was constructed
without knowledge that it violated
city code. The presence of a large
tree in the yard and a deck on the
rear of house caused the applicant
to place the building in this
location.
Single Family
Single Family
The applicant has begun construction of a 12 foot by 20 foot
storage building on the R-2 zoned property located at 1805
Fair Oaks Drive. The accessory building is located within 9
feet of the street side property line on Fair Oaks Court and
is built across a platted 25 foot building line. The code
requires accessory buildings to maintain a minimum setback
from street side property lines of 15 feet. After being
advised that the structure was in violation of code, the
applicant ceased construction and filed for a variance with
the Board.
The applicant states that this site was chosen for the
structure due to the presence of trees in the rear yard and
a deck which is built onto the rear of the house.
A
August 25, 1997
No.: 7 (Cont.
Staff believes the variance request to be reasonable. The
location of this accessory building should have no impact on
adjacent properties. The structure is virtually hidden by a
privacy fence. Fair Oaks Court is a short cul-de-sac and
allowing the reduced setback of 9 feet rather than 15 feet
should not impact traffic on this street.
Should the Board approve the building line variance, the
applicant will have to do a one lot replat reflecting the
change in the building line. The applicant should review
the filing procedure with the Circuit Clerk to determine if
the replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and
building line variances subject to a one lot replat
reflecting the change in the building line as approved by
the Board and a building permit being obtained.
BOARD OF ADJUSTMENT:
(AUGUST 25, 1997)
The applicant, Juan Gutierrez, was present. There were no
objectors present. Staff presented the item and a recommendation
of approval, with conditions.
Mr. Gutierrez stated that he chose the site for the storage
building due to the presence of several trees and a deck which
limited the buildable area in the rear yard.
The question was called on the variance requests subject to a
one -lot replat. The vote was 8 ayes, 0 noes and 1 absent,
approving the variance.
PA