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HomeMy WebLinkAboutZ-6373 Staff AnalysisSeptember 29, 1997 Mary File No. Owner• Address• Description• Zoned• variance Re ested: Justification: Present Use of Provert : Proposed Use of Propert : Staff Report: A. Public Works Issues: No issues H. Staff Analysis: Z-6373 Simeon Okoli 23 Meldia Drive Lot 17, Lakeview Addition R-2 A variance is requested from the building line provisions of Section 31-12 and the area regulations of Section 36-254. The garage had previously been enclosed, leaving no covered parking. A covered parking area is needed to allow for safe entry into a vehicle by the applicant's handicapped son, who uses a wheelchair. Single Family residence Single Family residence The applicant has recently constructed a 10 foot by 12 foot, unenclosed carport over the driveway of the residence located at 23 Meldia Drive. The carport is built across a platted 25 foot building line and has a front yard setback of 13± feet. The Code requires a 25 foot front yard setback for this R-2 zoned property. After being informed of the violation by the Codes Enforcement Staff, Mr. Okoli filed - for a variance. Mr. Okoli states that the covered parking area is needed to provide safe entry into vehicles by his wheelchair bound son. The house's garage had previously been enclosed, leaving no covered parking area. Staff believes the variance request to be reasonable. The unenclosed carport has a setback of 22-23 feet from the curb September 29, 1997 Item No.: 2 (Cont. of Meldia Drive, a residential cul-de-sac which is not heavily traveled. The setback provide adequate sight distance for backing into the street. The carport was built over the existing paved driveway. Staff does not believe that allowing the building line variance will negatively impact adjacent properties. Staff does, however, have questions about the structural integrity of the carport. It appears to have been built without regard to building code standards. It was certainly built without proper permits and inspections. Although staff is supportive of a variance to allow for the placement of a 10 foot by 12 foot carport in this location, this does not imply that staff is approving the structure as it is built. The applicant must follow proper procedure in obtaining a building permit and conforming to building codes standards. This may require modification to or replacement of the existing carport. If the Board approves 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 an amended Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested building line variance subject to compliance with the.following conditions: 1.A one lot replat reflecting the change in the building lines as approved by the Board. 2. The applicant must obtain a building permit and the structure must conform to all applicable building codes. 3. The carport is to remain open and unenclosed on all sides other than at the point it adjoins the house. BOARD OF ADJUSTMENT: (SEPTEMBER 29, 1997) The applicant, Simeon Okoli, was present. There were no objectors present. One letter of opposition and one letter of support had been received and forwarded to the Board. Staff presented the item and a recommendation of support subject to compliance with the following conditions: 1. A one lot replat reflecting the change in the building line as approved by the Board. 2. The applicant must obtain a building permit and the structure must conform to all applicable building codes. 2 September 29, 1997 Item No.: 2 Cont. 3. The carport is to remain open and unenclosed on all sides other than at the point it adjoins the house. Mr. Okoli offered no additional comments. The item was placed on the Consent Agenda and approved subject to the conditions noted in the staff recommendation by a vote of 5 ayes, 0 noes, 3 absent and 1 open position. 3