HomeMy WebLinkAboutZ-6638 Staff AnalysisMarch 29, 1999
Item No.. 7.1
File No.: Z-6638
Owner: Robert and Leanne Bernhard
Address: 2401 N. Pierce Street
Description: Lot 6 and South 1-� of Lot 5,
Block 31, Parkview Addition
Zoned: R-2
Variance Requested: Variances are requested from the
accessory building area and
separation regulations of Section
36-156 to permit rebuilding of an
accessory building.
Justification: Applicant's Statement: Over the
past year, we have been faced with
repairing the moisture and termite
damage on the shed attached to our
carport. After many estimates and
much investigation, we chose to
pursue putting a higher roofline on
the shed and carport to blend with
the roofline on our house and
provide storage which we were
lacking. With the continuing
dilapidation of the existing
building, we chose to refinance our
house in order to have the cash to
begin the work. Prior to drawing
up the plans, I went to the city
zoning office to look into any
restrictions or covenants that we
must meet. I took our survey and
explained our plans and was told
that there would not be a problem
as we would be working off the
existing structure. I explained
that we had planned to build a
conventional roof where there had
been a metal roof and raise the
roofline of the enclosed area,
which they said would be fine.
March 29, 1999
Item No.: 7.1 (Cont.)
Six to eight weeks later I went
back to the city to apply for a
permit, again explaining what we
planned to do. I was given a
remodeling permit with the
understanding that the roofer would
get his own permit. The issue of
there being a remodeling permit
versus or in addition to a
rebuilding permit was never
mentioned or explained to me. I
proceeded thinking that I had done
everything needed and had met all
requirements.
We began construction and Mr.
Tester came by while we were out of
town and told my mother that we did
not meet code and must stop the
work. At this point, we have spent
thousands of dollars and the
framing is complete and without the
roof the lumber will rot.
Our intention was to improve our
property while maintaining the
integrity of the Heights area.
Present Use of Property: Single Family
Proposed Use of Property: Single Family
Staff Report:
B. Public Works Issues:
No issues.
B. Staff Analysis:
The R-2 zoned property located at 2401 N. Pierce Street is
occupied by a two-story, frame, single family residence. An
accessory structure is located on the back portion of the
property, near the "V" Street side property line. The
accessory structure consists of a 20.1 feet by 10.2 feet
storage shed and an attached 24 feet by 23.7 feet carport.
K
March 29, 1999
Item No.: 7.1 (Cont.)
The shed portion was the original garage, built when the
house was constructed. Many years ago the original garage
was converted to storage and the carport was constructed.
The structure has a street side yard setback from the "V"
Street property line of 6 feet and is separated from the
house by 4 feet. The code requires a street side yard
setback of 15 feet and a separation from the house of 6
feet. In February 1999, the applicants obtained a permit to
remodel the accessory building which was in disrepair. Due
to the moisture and termite damage, the applicants ended up
virtually removing the structure and proceeded to rebuild
it. The Code Enforcement staff advised the applicants that
the work now went beyond remodeling and advised them that
the structure could not be rebuilt without a variance due to
the setback and separation issues. The applicants have now
filed for variances to allow for reconstruction of the
accessory building.
Staff believes the variance requests are reasonable. The
structure has existed for many years, a portion has existed
since the house was built, and has not had a negative effect
on the neighborhood. Allowing for the renovation/rebuilding
of a dilapidated structure can only be a benefit to the
neighbors. Although the structure has a street side yard
setback of 6 feet on the "V" Street side, it sits 14 feet
from the street itself. "V" Street, at this point, is a
narrow, sparsely traveled residential street serving much
like an alley, providing access to the adjacent lots.
Allowing the accessory building to be rebuilt should not
create any greater impact on the street than the previous
structure.
It appears the 4 feet separation issue was created in 1997
when a permit was issued allowing the applicants to build an
addition onto the rear of the house. The addition resulted
in a 4 foot setback. Since the situation was created by
staff's approval of the 1997 building permit, it seems
reasonable to allow the applicant to rebuild the accessory
building.
The accessory building will be built in the same location as
the existing structure, utilizing those elements of the
structure which are still usable.
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March 29, 1999
Item No.: 7.1 (Cont.
C. Staff Recommendation:
Staff recommends approval of the requested setback and
separation variances to allow for remodeling/rebuilding of
the accessory building.
BOARD OF ADJUSTMENT:
(MARCH 29, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved by a vote
of 4 ayes, 0 noes and 1 absent.
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