HomeMy WebLinkAboutZ-6647 Staff AnalysisMay 24, 1999
Item No.: A
File No.:
Owner•
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Proper :
Z-6647
James L. Whitaker, Jr.
5800 Windamere Drive
Lot 24, Windamere Subdivision
R-2
A variance is requested from the
accessory structure setback
requirements of Section 36-156 to
permit a satellite dish with a
reduced front yard setback.
Due to large trees on the
applicant's property and adjacent
properties, the satellite dish will
not function if place in the rear
yard.
Single Family
Single Family
Staff Report:
A. Public Works Issues: No issues.
B. Staff Analvsis:
The property located at 5800 Windamere Drive is occupied by
a one-story, brick and frame, single family residence. The
owner of the home has recently erected a 7 foot satellite
dish in the front yard of the property. The satellite dish
has a front yard setback of 3 to 5 feet. The code defines
satellite dishes as accessory structures which are required
to have a front yard setback of at least 60 feet. A
complaint was received by the Code Enforcement Office who
then issued a notice to the applicant to either remove the
satellite dish or file for a variance from the Board of
Adjustment.
May 24, 1999
Item No.: A (Cont.)
Windamere Drive is a cul-de-sac street extending off of
Geyer Springs Road. Approximately 29 homes front onto the
street. Many of the properties in the area, including the
applicant's, have large, mature trees. It is the
applicant's contention that, due to the many trees, the
satellite dish will not function if it is placed in the rear
yard. A site visit by staff would seem to verify that
conclusion. There are several other front yard
encroachments on the street including another satellite
dish, carports and fences. Placement of the satellite dish
does not impede traffic in the street or create a sight
distance problem. The issue seems to come down to one of
aesthetics versus functionality of the satellite dish. In
this issue, staff supports the requested variance.
C. Staff Recommendation:
Staff recommends approval of the requested front yard
setback variance.
BOARD OF ADJUSTMENT:
(APRIL 26, 1999)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant had failed to notify
property owners as required by the Board's bylaws.
The item was placed on the Consent Agenda and deferred to the May
24, 1999 meeting to allow the applicant to properly notify area
property owners. The vote was 4 ayes, 0 noes, 0 absent and
1 open position.
BOARD OF ADJUSTMENT:
(MAY 24, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
Norm Floyd asked Mr. Whitaker why he chose a larger satellite
dish and not a smaller, DSS satellite dish. Mr. Whitaker
responded that DSS did not provide all of the channels and was
more expensive.
In response to a question from Mr. Floyd, Mr. Whitaker stated
that he had installed the satellite dish himself. Mr. Floyd
asked Mr. Whitaker if he had considered mounting the satellite
dish on a pole behind the house. Mr. Whitaker responded that the
dish needed to be located where it was in order to receive
E
May 24, 1999
Item No.: A (Cont.
transmissions from two specific satellites. Mr. Whitaker stated
that he was planning on doing some tree trimming and, if
possible, he would move the satellite dish to the rear yard after
the tree trimming was complete.
Mr. Whitaker reiterated that he was unaware of the rules when he
installed the satellite dish.
A motion was made to approve the requested front yard setback
variance. The motion was approved by a vote of 5 ayes, 0 noes
and 0 absent.
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