HomeMy WebLinkAboutZ-6679 Staff AnalysisMay 24, 1999
Item No.: 11
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Propert :
Proposed Use of Pra ert :
Staff Report:
F. Public Works Issues:
B. Staff Analysis:
Z-6679
Kevin and Lonnie Lewis
12 Village Grove
Lot 26, Block 6, Villages of
Wellington
R-2
Variances are requested from the
area regulations of Section 36-254
and the building line provisions of
Section 31-12 to permit
construction of steps and a landing
with a reduced front yard setback
and which crosses a platted
building line.
Due to the excessive slope of the
lot, the front door of the house,
which is at the building line, is
several feet above grade. The
steps must be built across the
building line to provide access to
the house.
Single Family, under construction
Single Family
No Comments.
A new, one-story, brick and frame, single-family residence
is currently under construction on the R-2 zoned lot located
at 12 Village Grove Road. The front of the house has been
placed directly at the 25 foot building line. Due to the
slope of the lot and the design of the house, the front
entrance is 6± feet above grade at the building line. The
applicant is requesting a variance to allow for construction
May 24, 1999
Item No.: 11 (Cont.)
of stairs across the platted building line to provide access
to the front entrance. Associated with the stairs, is a 30
inch retaining wall to support a sidewalk from the stairs to
the driveway. The stairs, a total of 9, will extend out
from the front of the house approximately 8 feet 3 inches.
The retaining wall will extend out an additional 8 feet 4
inches beyond the base of the stairs. The entire project,
stairs, retaining wall and sidewalk will have a front yard
setback of 8 feet 4 inches. The code requires a front yard
setback of 25 feet for this lot.
Due to the circumstances created by the construction of the
house, staff supports the requested variances. A true
hardship exists in that, without the variance, there is no
access to the front entrance of the house. No portion of
the house itself, including a porch or cover, extends past
the building line. The resulting setback from the street
itself is 18± feet. Village Grove Road is a cul-de-sac
street without heavy through traffic. Other homes in the
area have retaining walls although it does not appear that
they have stairs extending past the building line. Staff
believes the building line should be adjusted for the
stairs. It is not necessary to require the adjustment for
the retaining wall.
If the Board approves the building line variance, the
applicant will have to do a one -lot replat reflecting the
change in the building line as approved by the Board. The
applicant should review the filing procedure with the
Circuit Clerk's office to determine if the replat requires a
revised Bill of Assurance.
C . Staff Recommendation:
Staff recommends approval of the requested setback and
building line variances subject to a one -lot replat
reflecting the change in the building line for the stairs as
approved by the Board.
BOARD OF ADJUSTMENT:
(MAY 24, 1999)
The applicant was not present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to a one -lot replat for the stairs. Staff informed the Board
that the applicant had called the Planning Department at
approximately 1:30 p.m. stating that he would be late but that he
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May 24, 1999
Item No.: 11 (Cont.
hoped to be at the meeting by 2:15 p.m. This item came before
the Board at 2:50 p.m.
Cindy Dawson, of the City Attorney's Office, stated that the
Board had the option of either disposing of the item or deferring
it.
The general consensus of the Board was that the prospective
homeowner should not be punished for a mistake made by the
contractor and that a true hardship now existed.
A motion was made to approve the requested variances subject to a
one lot replat for the stairs. The vote was 3 ayes, 2 noes and
0 absent.
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