HomeMy WebLinkAboutZ-6460 Staff AnalysisFebruary 23, 1998
Item No.: 7
File No.:
Owner:
Address:
Descri tion-
zoned:
variance Re ested:
Justification:
Present Use of Pro ert :
Proposed Use of Propert :
Staff Report:
A. Public Works Issues:
Z-6460
Winrock Development Company
13001-13015 Cherry Laurel Drive,
12901-13019 Misty Creek Drive
and #'s 4, 5 and 6 Creekstone Cove
Lots 1-12 and 15-19, Block 13,
Cherry Creek
Variances are requested from the
area regulations of Section 36-254
and the building line provisions of
Section 31-12 to permit reduced
front yards of 15 feet.
Justification is presented in the
attached letter from Winrock
Development Company.
Vacant lots
Single Family residential
Repair any curb and gutter or sidewalk that is damaged in
the public right-of-way prior to occupancy.
B. Staff Analysis:
These 17 R-2 zoned lots are located in the Cherry Creek
Subdivision, a residential development located west of
Bowman Road. The lots are all currently undeveloped.
Although the lots were properly platted and legally offered
for sale, they were mostly or entirely in the flood plain
due to a creek which runs along the back of the lots. Most
of the lots have a shallow depth of 100 feet, the minimum
depth for a lot in the R-2 district. The applicant filled
and raised the level of the lots and the building sites were
removed from the flood plain. However, it was impractical
to remove the entirety of some of the lots from the flood
plain because of the steep grade at the rear of the
properties. The shallow depth of the lots (100 feet)
combined with a 25 foot front yard setback and the reduced
February 23, 1998
Item No.: 7 (Cont.
area of the building sites which have been raised above the
flood plain, makes it difficult to build homes which are
compatible with the rest of the Cherry Creek development.
Consequently, the applicant is requesting that the front
building lines be reduced to 15 feet which would provide
more buildable area and would move the building site further
away from the creek.
Staff believes the request to be reasonable. The applicant
has worked closely with FEMA and the City Public Works staff
to address flood plain issues in this area. All of these
lots are on one side of the street and allowing a uniform
reduction in the building line would not appear out of place
or unattractive. Two other lots in the middle of these
properties were previously platted with 15 foot front yards
due to the presence of utility easements across the rear
portion of the lots.
If the Board approves the building line variance, the
applicant will have to replat the lots, 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 front yard
setback and building line variances subject to compliance
with the following conditions:
1. Compliance with Public Works Comments
2. Replat the lots to reflect the change in the building
line as approved by the Board.
3. The building line on only the Cherry Laurel Drive side
of Lot 16, Block 13 is to be reduced to 15 feet.
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 conditions noted above.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 5 ayes, 0 noes, 1 absent and
3 open positions.
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