HomeMy WebLinkAboutZ-6747 Staff AnalysisSeptember 27, 1999
Item No.: 5
File No.
Owner:
Address:
Description:
Zoned•
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
Staff Report:
A. Public Works Issues:
Z-6747
Christian Finkbeiner
4723 Cantrell Road
North 1-� of Lot 40 and South 45 feet
of Lot 41, Cliffewood Addition
R-2
A variance is requested from
the area regulations of Section
36-254 to permit construction of
an addition with a reduced rear
yard setback.
Additional bedroom space is needed.
Placing the addition where it is
proposed will result in less
variance than placing it elsewhere.
Single Family
Single Family
1. Cantrell Road is listed on the Master Street Plan as a
principal arterial with 55 feet of right-of-way from
centerline. Proposed addition encroaches on future
right-of-way. Denial recommendation for proposed
addition.
B. Staff Analysis:
The R-2 zoned lot located at 4723 Cantrell Road is occupied
by a two-story, stucco, single-family residence. The
applicant proposes to construct a 16 feet by 19 feet, one-
story addition onto the rear of the house. The addition
will have a rear yard setback of 20.5 feet - 22 feet, The
code requires a rear yard setback of 25 feet for this lot.
September 27, 1999
Item No.: 5 (Cont.)
Staff believes the variance request to be reasonable. The
house currently has a rear yard setback of 22 feet - 24
feet, because of the angle of the rear lot line. The
proposed addition will tie onto the house, maintaining the
existing rear yard setback. All other required setbacks
will be met or exceeded. Staff does not believe this minor
rear yard setback variance will have an effect on adjacent
properties. The rear of the property is enclosed by a
privacy fence/wall and the reduced rear yard should not be
visible from adjacent lots.
One outstanding issue of concern has been raised by Public
Works. The Master Street Plan required right-of-way for
Cantrell Road is 110 feet, 55 feet either side of the
centerline. The existing right-of-way is considerably less
than that required by the Master Street Plan.
Section 5-A of the Master Street Plan states:
Any subdivider of land or applicant for rezoning, variance,
conditional use permit, site plan or a building permit
(herein referred to as applicant) review within the official
planning area of the City shall conform to the Plan by
indicating on any plats, drawings or surveys submitted to
the City for its review, any street identified in the Plan
which traverses or abuts the said property.
Where the said property abuts a street included in the Plan,
the property owner shall dedicate one half of the required
right-of-way as established in the Plan (except as provided
below) .
Section 5-C of the Master Street Plan states:
No building permit shall be issued for the construction of
any new building, or for an addition to an existing
building, or for the moving of any building, on any lot or
parcel of land which is traversed by or abuts any street
facility indicated herein unless it has first been
determined that the proposed structure would not lie within
the proposed bounds of said facility.
The proposed addition falls within the Master Street Plan
required right-of-way of 55 feet from centerline for
Cantrell Road. Indeed, it appears that a portion of the
existing house lies within that required right-of-way. A
waiver or variance of the right-of-way can only be granted
K
September 27, 1999
Item No.: 5 (Cont.)
by the Board of Directors. Staff believes it is appropriate
to approve the requested rear yard setback variance subject
to any variance or waiver of the Master Street Plan as may
be granted by the Board of Directors.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard setback
variance subject to compliance with Public Works Comments,
including any variance or waiver of the Master Street Plan
as may be granted by the Board of Directors.
BOARD OF ADJUSTMENT:
(SEPTEMBER 27, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with Public Works Comments, including any variance
or waiver of the Master Street Plan as may be granted by the
Board of Directors. It was noted for the record that without
such a variance or waiver, the addition may not be constructed
within the Master Street Plan right-of-way for Cantrell Road.
Staff informed the Board that the applicant had already submitted
a written request, asking that the Board of Directors grant a
waiver or variance.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff, including the condition proposed by staff.
The vote was 4 ayes, 0 noes and 1 absent.
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