HomeMy WebLinkAboutZ-6686 Staff AnalysisJune 28, 1999
Item No.: 5
File No.. Z-6686
Owner: Al Rueck
Address: #8 Mellwood Road
Description: Lot 8, Pine Grove Subdivision
Zoned: R-2
Variance Requested: Variances are requested from the
area regulations of Section 36-254
and the building line provisions of
Section 31-12 to permit an addition
with a reduced front yard setback
and which crosses a platted
building line.
Justification: The applicant constructed the
addition without knowledge that it
violated city code. There was a
misunderstanding between the
applicant and the building codes
department regarding what work was
being done and whether a permit was
needed. The addition does not
extend past the front of the
adjacent houses.
Present Use of
Property:
Single
Family
Proposed Use of
Property:
Single
Family
Staff Report:
A. Public Works Issues:
No Comments.
B. Staff Analysis:
This issue is before the Board as a result of action by the
Building Codes Enforcement Staff.
June 28, 1999
Item No.: 5 (Cont.
The R-2 zoned property located at #8 Mellwood Road is
occupied by a one story, brick and fraise, single-family
residence. The applicant is remodeling the residence,
including the addition of a carport and covered walkway.
The carport is built across a platted 35 foot building line
And has a front yard setback of 16-17 feet. The Code
requires a front yard setback'of 25 feet for this lot.
The applicant stated that he was under the mistaken
impression that his remodeling permit allowed him to make
the carport and covered walkway addition. A building codes
inspector issued a stop -work order after noting the
violation and the applicant subsequently filed for a
variance.
Staff believes the variance request to be reasonable. The
property is located at the end of a short cul-de-sac street
and fronts on the circle of the cul-de-sac. Even with the
carport addition, the house lines up with other homes on the
south side of Mellwood Road. The carport is to remain open
and unenclosed and should not create a sight -distance issue.
The carport and covered walkway have been built to match the
architecture of the home; wood frame with pitched roof.
Allowing the building line and setback variances should not
impact adjacent properties or traffic on this short cul-de-
sac street.
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 building line and
front yard setback variances subject to compliance with the
following conditions:
1. A one -lot replat reflecting the change in the building
line as approved by the Board.
2. The carport is to remain open and unenclosed other than
at the point it adjoins the house.
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June 28, 1999
Item No.: 5 (Cont.)
3. The applicant is to obtain the proper building permits
within two weeks of the Board's action.
BOARD OF ADJUSTMENT: (JUNE 28, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with those conditions outlined in the "staff
recommendation" above.
The applicant offered no additional comments.
The item was placed on the consent agenda and approved as
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
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