HomeMy WebLinkAboutZ-6505 Staff AnalysisJune 29,' 1998
Item No.: 2
File No.
Owner:
Address:
Description:
zoned:
variance Requested:
Justification:
Z-6505
James A. Penney
10 Robyn Lane
Lot 3, Pennwyck Subdivision
R-2
variances are requested from the
building line provisions of Section
31-12 and the area regulations of
Section 36-254 to permit
construction of a new residence
which crosses a platted 25 foot
building line and which has a
reduced front yard setback.
2Rplicants Statement: The
prospective owners of this lot are
Mr. and Mrs. Sam Williamson who are
both in their sixties. Mr. and
Mrs. Williamson now own a multi-
level home which they must sell in
order for both of them to live in
surroundings which will be more
advantages for their health
problems. Mrs. Williamson is
handicapped by Fibro Myalgia, a
muscle and connective tissue
disease which affects her range of
motion and ability to climb stairs
or walk along uneven terrain. She
is plagued by almost constant pain
that can be described as moderate
to severe. Mrs. Williamson is
being treated by Dr. Ford at St.
vincents's West and he has
prescribed several medications and
treatments for her disability which
has no known cure. She has applied
for a handicapped parking sticker
and has received a temporary
sticker which will become permanent
in a few weeks. Mr. Williamson has
been instructed by his doctors that
he has a heart condition which
makes it imperative for him to live
in a one -level house and avoid
climbing stairs.
June 29; 1998
Item No.: 2 (Con
The lot in question is virtually
flat and located as a corner lot in
Pennwyck Subdivision. The
neighbors have been questioned and
have voiced no concerns about this
Variance. Robyn Lane is one block
long and Montgomery Road is a two
block long dead end. There is very
little traffic on either street.
We feel that there will be no
safety factors involved in this
variance and that it should be
awarded.
Present Use of Propert : Vacant Lot
Proposed Use of Piro ert : Single Family
Staff Report:
A. Public Works Issues:
No issues.
H. Staff Analysis:
10 Robyn Lane is an undeveloped, R-2 zoned lot located in
the Pennwyck Subdivision, a new residential development on
the south side of Taylor Loop Road. The lot is located at
the northeast corner of Robyn Lane and Montgomery Road. The
lot has a platted 25 foot building line on both street
frontages. The applicant is requesting variances from the
building line provisions of Section 31-12 and the area
regulations of Section 36-254 to permit construction of a
new, one-story single-family residence which would be built
across the platted building lines and which would have
setbacks of 16 feet from both street sides. The code
requires a front yard setback of 25 feet for this lot. The
prospective owners of the lot both suffer from some degree
of physical disability which requires that they have a one-
story home and avoid climbing stairs. The home proposed by
the applicant will not fit on the lot without at least one
building line variance. The proposed two variances will
move the home closer to the street and will leave a rear
yard approximately 26 feet deep.
Staff recognizes the hardship presented by the applicant and
realizes the necessity of some relief from the standards
established by the code. However, staff does not believe
the hardship is such as to require all of the variances
requested. Allowing the home to be built to within 16 feet
of both street frontages is not necessary and the resulting
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June 2 9 k 1998
Item No.: 2 (Cont.
setbacks would be out of character with development in the
area.
Staff is supportive of the building line variance to allow
the home to cross the platted building line on the
Montgomery Road side. The resulting side yard setback of 16
feet still exceeds the ordinance requirement of an 8 foot
side yard. Moving the home back from the Robyn Lane
property line an additional 9 feet will eliminate the
building line and setback variances in that area. The
resulting 25 foot setback conforms to both the Code and the
existing building line. The home would then have a rear
yard setback of 17 feet. The code requires a rear yard
setback of 25 feet for this lot, since the Montgomery Street
side would be reduced to 16 feet. The reduced rear yard
would be only for the garage portion of the house and
adequate rear yard area would remain. The front setback
would then be more in character and compatible with the
other homes being built on Robyn Lane.
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 an amended Bill of Assurance.
C. Staff Recommendation:
Staff recommends denial of the application, as filed.
BOARD OF ADJUSTMENT: (JUNE 29, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and informed the Board that the
application had been amended to conform to staff's
recommendation. Staff recommended approval of the amended
application for a building line variance on only the Montgomery
Road side and a rear yard setback variance to allow a rear yard
of 17 feet. The applicant offered no additional comments.
The item was placed on the Consent Agenda and the Montgomery Road
side building line and rear yard setback variance were approved
subject to a one -lot replat reflecting the change in the building
line. The vote was 5 ayes, 0 noes and 0 absent.
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