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HomeMy WebLinkAboutZ-6441 Staff AnalysisFebruary 23, 1998 Item No.: File No.: Owner: Address: Description: Zoned: Variance Re ested: Justification: Present Use of Properrt: Proposed Use of Property: Staff Report A. Public Works Issues: Z-6441 J. C. Berry 201 - 203 N. Summit Lot 1, Selam Replat of East 141 feet of Block 9, Worthen Subdivision R-4 Variances are requested from the accessory building area regulations of Section 36-156 and the building line provisions of Section 31-12 to permit a detached carport with reduced setbacks and which is located across a platted building line. The applicant's mother lives at this address and due to an extreme medical condition, needs covered parking in close proximity to the entrance to the house. Duplex residence Duplex residence Access to carport must be from existing concrete driveway, recommend moving carport to the east to improve sight distance and access. B. Staff Analysis: The occupant of 203 N. Summit Street has recently had a 12 foot by 20 foot metal carport structure placed on the property. The carport has a front yard setback from Summit Street of 1-2 feet, a street side yard setback from Garland Street of 10± feet and is located across a platted 25 foot building line. The code requires accessory structures to have a front yard setback of 60 feet and a street side yard setback of 15 feet, which is increased to 25 feet for this lot due to the presence of the building line. The issue is under enforcement. February 23, 1998 Item No.: C Cont. The owner of the property filed the variance application on behalf of his mother who resides at 203 N. Summit. The applicant states that his mother suffers from an extreme medical condition which requires that she have the carport to provide covering for her vehicle. A statement has also been submitted by Mrs. Berry's physician stating that she "needs a carport" due to chronic shortness of breath which is worsened by heat. Staff understands the need for covered parking as explained by the applicant and, as such, we believe there are grounds for granting some relief from the setback standards. However, staff has concerns about allowing the carport to remain where it is currently located. The property has an existing 20 foot wide concrete driveway off of Summit Street. The parking area has been expanded by the addition of an asphalt parking pad closer to the intersection. The carport has been placed over this asphalt pad. It is the carport's proximity to the intersection of Summit and Garland that creates concern for staff. Garland Street is a fairy well -traveled street providing a cut -through from the Markham Street area to Cantrell Road via Battery/Gill Street. Additional development has been proposed for the industrial property just east of this site which will add traffic to Garland Street. Staff has concerns that the carport, as presently located, will create a sight distance hazard. Any vehicle using the carport will have to back nearly into the intersection. Staff believes it would be more appropriate to relocate the carport to the north, over the concrete driveway directly adjacent to the residence. This would move the structure out of the intersection. The carport would have a front yard setback of 1-2 feet from Summit but would be 30± feet away from the Garland Street property line. Staff also believes it would be appropriate to tie the approval of the variance to the occupancy of the residence by Mrs. Yvonne Berry, since the justification presented for the variance is so directly related to Mrs. Berry's health. Should the Board approve the building line variance, the applicant will have to do a replat reflecting the change in the building line. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff does not recommend that variances be approved to allow the carport to remain where it is currently located. FA February 23, 1998 Item No.: C (Cont. Staff does recommend that the carport be moved northward to be placed over the existing concrete driveway and that the Board approve front yard setback and building line variances subject to the following conditions: 1. The carport is to be relocated to the north and placed over the existing concrete driveway. 2. The carport is to remain open and unenclosed. 3. A one lot replat reflecting the change in the building line as approved by the Board. 4. The variance is tied to the occupancy of the duplex at 201-203 N. Summit by Mrs. Yvonne Berry. Should she no longer reside at that address, the carport is to be removed or relocated to comply with code standards. BOARD OF ADJUSTMENT: (JANUARY 26, 1998) Yvonne and Henry Berry were present. There were no objectors present. Staff presented the item and recommended denial of the variance requests to allow the carport to remain "as is." Staff recommended that the structure be moved to the north and that setback and building line variances be granted with the conditions noted above. Mr. Berry addressed the Board and suggested moving the carport to the east, in front of the duplex, still taking access off of Summit Street. Staff noted Public works concerns regarding access to the site and again emphasized that it would be better to move the structure to the north, away from Garland Street. Since the concerns raised about the structure's location came primarily from the traffic engineer, it was suggested that the item be deferred to allow for review of Mr. Berry's proposal. Mr. Berry was directed to meet with staff regarding his proposal to relocate the structure. A motion was made to defer the item to the February 23, 1998 Board meeting. The motion was approved by a vote of 5 ayes, 0 noes,' 1 absent and 3 open positions. STAFF UPDATE: After further review, the Public Works Department and Planning Staff feel that the carport may remain where it is. Staff recommends approval of the requested front yard setback and building line variances subject to compliance with conditions 2, 3 and 4 as noted above. 3 February 23, 1998 Item No.• C Cont. BOARD OF ADJUSTMENT: (FEBRUARY 23, 1998) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the following conditions: 1. The carport is to remain open and unenclosed. 2. A one -lot replat reflecting the change in the building line as approved by the Board. 3. The variance is tied to the occupancy of the duplex at 201-203 N. Summit by Mrs. Yvonne Berry. Should she no longer reside at that address, the carport is to be removed or relocated to comply with code standards. The applicant 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, 1 absent and 3 open positions. 4