HomeMy WebLinkAboutZ-6515 Staff AnalysisJune 29, 1998
Item No.:
File No.: Z-6515
Owner: Mia Moore
Address: 9600 Southboro Drive
Description: Lot 85, Section "B", South
Gate Sub.
Zoned• R-2
Variance Re ested: A variance is requested from the
building line provisions of Section
31-12 to permit construction of an
addition which crosses a platted
building line.
Justification: Applicant's Statement: Mrs. Moore,
entered into a Contract with a Mr.
Wack (first name unknown), who
represented himself as a
Contractor. Mrs. Moore agreed to
have Mr. Wack enclose her carport
and existing concrete parking pad
to a double car garage. Mr. Wack
started the work on the carport,
but disappeared and Mrs. Moore has
been unable to contact Mr. Wack to
complete the work. Several
thousand dollars was paid to Mr.
Wack for this work.
After several months Mrs. Moore
entered into a contract with me,
Anthony Brown, to complete the work
that Mr. Wack started. It was at
this time that we discovered that
the foundation slab was outside the
boundaries of the Zoning Code and
that zoning variance was needed.
This foundation had already been
constructed before any work was
done and before the home had been
purchased by Mrs. Moore.
I am hereby requesting a zoning
variance so that a permit can be
obtained to complete the work on
Mrs. Moore's home. The side of the
house we are requesting a variance
on is dead-end street known by the
name of McClellan Drive. The only
June 29, 1998
Item No.: 10 (Cont.)
other person using the McClellan
Drive side is Mrs. Moore, who is
the mother-in-law of Mrs. Mia
Moore, who lives on the adjacent
corner of McClellan Drive and
Southboro, and Mrs. Moore's mother-
in-law has no objection to this
variance.
Present Use of Property: Single Family
Proposed Use of Property: Single Family
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analysis:
The R-2 zoned property located at 9600 Southboro Drive is
occupied by a one-story, brick and frame, single-family
residence. Several months ago, the owner;of the home hired
a builder to construct a garage addition onto the north side
of the home. The builder began construction, without
permits, and completed a portion of the project. That
builder then disappeared, with much of the owners money, and
left the job incomplete. The owner later hired a second
builder to complete the project. The second builder
attempted to obtain permits but was denied because the
addition had been built across a platted 25 foot building
line. The owner has now applied for a variance to allow the
garage addition which crosses the building line by 15 feet.
Staff believes the variance request to be reasonable.
Although the addition is built across the building line, it
maintains a 10 foot side yard setback. An 8 foot side yard
is required for this lot. All other zoning setbacks are met
or exceeded. The addition is set back 20± feet from the
curb of McClellan Drive and should have no effect on the
street. McClellan Drive is a dead-end street, ending at the
western edge of this lot. The street ends at a barricade at
the back side of the McClellan High School Campus. Only one
other home fronts onto the street, the home directly across
the street to the north. Allowing this variance should have
no effect on any neighboring properties.
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's Office to
K
June 29, 1998
Item No.: 10 (Cont
determine if the replat requires a revised Bill of
Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested Building Line
variance subject to a one -lot replat reflecting the change
in the Building Line as approved by the Board.
BOARD OF ADJUSTMENT:
(JUNE 29, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to a one -lot replat. The applicant offered no additional
comments.
The item was placed on the Consent Agenda and approved subject to
a one -lot replat. The vote was 5 ayes, 0 noes and 0 absent.
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