HomeMy WebLinkAboutZ-6384 Staff AnalysisSeptember 29, 1997
Item No.: 5
File No.• Z-6384
Owner• Karen Cron
Address• 1723 Lilac Circle
Description: Lot 34, Riverside Addition
Zoned• R-3
Variance Re ested: A variance is requested from the
building line provisions of Section
31-12.
Justification: Applicant's Statement: The home I
purchased in November 1996 had a
deck in place, built over the
carport. The deck is 9-10 years
old, according to the previous
owner. (He'd lived in the home
only a year so he wasn't sure about
the exact age.) The carport/deck
are approximately 516" over the
building line.
The deck needs replacing. It was
shoddily constructed to start. The
pickets are more than 6" apart and
there are nails that weren't driven
all the way in, so I've been
hesitant to entertain friends with
children due to the risk of injury
to them. It doesn't have a border
around the base to prevent items
from rolling off. The floorboards
were spaced too widely, and there's
quite an accumulation of soggy
leaves and dirt in the space
between the deck and the carport
roof. And now, due to age and
weather, the boards have begun to
warp, leaving gaps big enough for
shoe heels to get stuck.
Present Use of
Property:
Single
Family
residence
Proposed Use of
Property:
Single
Family
residence
September 29, 1997
Item No.: 5 (Cont.)
Staff Report
A. Public works Issues:
No issues.
B. Staff Analysis:
1723 Lilac Circle is located in the Riverside Addition, a
small single family neighborhood located between Cantrell
Road and Rebsamen Park, north of old Cantrell Road. This R-
3 zoned lot is occupied by an older, one-story frame
residence. Due to the slope of the lot, the house's carport
is at the basement level. The roof of the carport is at the
same level as the main floor of the house. Many years ago,
a previous owner of the property constructed a deck above
the roof of the carport. The deck is uncovered and
unenclosed. The carport and the deck above it extend 5.4
feet across a platted 30 foot building line on the Lilac
Terrace side of the property. The applicant proposes to
remove the deck and replace it since the deck is in need of
repair. Since the deck extends across the building line,
the applicant has been unable to obtain a building permit.
She is now requesting a variance from the building line
provisions of Section 31-12.
Staff believes the variance request to be reasonable. The
deck is built above the existing carport. Removing the deck
will not affect the carport, which will still extend across
the building line. The deck consists of flooring and
handrails. There is no covering proposed for the deck and
it will be unenclosed. The carport and deck are located 36-
37 feet from the curb of Lilac Terrace and should have no
impact on traffic. Allowing the replacement of the deck
should have no impact on adjacent properties.
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 as approved. 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 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 deck is to remain uncovered and unenclosed.
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September 29, 1997
Item No.: 5 (Cont.
BOARD OF ADJUSTMENT:
(SEPTEMBER 29, 1997)
The applicant, Karen Cron, was present. There were no objectors
present. Staff presented the item and a recommendation of
approval subject to a one lot replat and the deck remaining
uncovered and unenclosed.
Ms. Cron offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff by a vote of 5 ayes, 0 noes, 3 absent and
1 open position.
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