HomeMy WebLinkAboutZ-6776 Staff AnalysisNovember 29, 1999
Item No.: 5
File No.: Z-6776
Owner: Charles and Nancy Vines
Address: 5723 Hawthorne
Description: Lot 29, Forest Heights Place
Zoned: R-2
Variance Requested: Variances are requested from
the height and area provisions of
Section 36-156 to permit
construction of an accessory
building with a reduced street side
yard setback and which is to be
built across a platted building
line.
Justification: The applicant's justification is
presented in an attached letter.
Present Use of Proper Single Family
Proposed Use of Proper Single Family
Staff Report:
A. Public Works Issues:
Contact utilities for construction over an easement.
B. Staff Analysis:
The R-2 zoned lot at 5723 Hawthorne Street is occupied by a
one-story, brick and frame, single-family residence. The
home is currently being completely remodeled, including the
construction of an addition to the rear. An old, frame
garage structure has been removed from the property. The
applicants propose to replace it with a new 26' X 20'
garage. The new garage is proposed to have a street side
yard setback of 2 feet and is built across a platted 7.5
feet building line. The Code requires accessory structures
to have a street side yard setback of 15 feet. The garage
is to have a rear yard setback of 5'-5". The code requires
November 29, 1999
Item No.: 5 (Cont.)
a rear yard setback of 3'. A small portion of the structure
encroaches on a 6' easement along the rear property line.
Staff is supportive of the requested variances. Although
the garage is closer to the street than permitted by code,
it is not out of character with other structures in the
area. Several other properties in the vicinity have similar
garage arrangements, including the properties adjacent to
the south and across Pierce Street to the west. The garage
will set back from Pierce Street 101+ providing adequate
sight distance for vehicles backing out of the structure.
Pierce Street is not a heavily traveled street and traffic
on the street should not be affected by the reduced setback.
The structure covers 26% of the required rear yard, less
than the 30% permitted by code. All other setbacks and
required separation are exceeded.
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. The applicant should review
the filing procedure with the Circuit Clerk's Office to
determine if the replat requires a revised Bill of
Assurance.
Since a portion (61") of the proposed garage encroaches on
the 6' easement, the applicant will have to provide written
approval from all public utility companies for the
encroachment.
C. Staff Recommendation:
Staff recommends approval of the requested setback and
building line 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. Written approval must be received from all public utility
companies for the proposed 6" encroachment into the 6'
easement along the rear property line.
3. The garage must maintain a minimum rear yard setback of
3.51. Any less of a setback will place more of the
structure into the required rear yard, exceeding the
allowable 305 coverage.
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November 29, 1999
Item No.: 5 (Cont_)
BOARD OF ADJUSTMENT:
(NOVEMBER 29, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with conditions no. 1 and 3 outlined above. The
Board was informed that a corrected survey had been provided
showing the easement along the rear of the property to be 3 feet
wide, not 6 feet, and as such no encroachment into the easement
was occurring.
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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