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HomeMy WebLinkAboutZ-6842 Staff AnalysisApril 24, 2000 Item No.: 5 File No.: Z-6842 Owner: Keith Hardin Address: 5309 Edgewood Descriptio : Lot 136, Prospect Terrace Zoned: R-2 Variance Requested: A variance is requested from the area regulations of 36-254 to permit an addition with a reduced side yard setback. Justification: Applicant's Statement: We want to add an additional room to the existing house, located on the south side of the home. It will be approximately 1514" X 19161". It will need to be in the line with the existing west side of the home. We realize that it will be encroaching on the existing property easement to the west by approximately 3 feet. Present Use of Property: Single Family Proposed Use of Property: Single Family Staff Retort: A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property located at 5309 Edgewood is occupied by a one-story, brick and frame, single-family residence. The applicants are substantially remodeling the home, including finishing out the attic as additional living space and adding a master bedroom suite to the rear of the house. The proposed master bedroom is to maintain the home's April 24, 2000 Item No.: 5 (Cont. existing side yard setback of 2.2 feet. The code requires a side yard setback of 5 feet for this lot. Staff is supportive of the requested variance. A driveway on the lot to the west separates the house on that lot from the applicant's home. The proposed addition is located beyond the rear of the neighboring home, further mitigating the impact of the reduced setback. Allowing the proposed addition to tie into the house so that it maintains the existing setback and roof line is architecturally and aesthetically more desirable. The proposed setback of 2.2 feet is sufficient to allow for construction and maintenance of the addition without encroaching on the neighboring property. Staff believes it is reasonable to require a reduced overhang and guttering on the west side of the addition, to prevent water run-off onto the adjacent property. C. Staff Recommendation: Staff recommends approval of the requested side yard setback variance subject to compliance with the following conditions: 1. The eave/overhang on the west side of the proposed addition is to be limited to no more than 6 inches. 2. Guttering is to be installed on the west side of the addition to prevent water run-off onto the adjacent property. BOARD OF ADJUSTMENT: (APRIL 24, 2000) Sheri Trammell and Keith Hardin were present representing the application. Michael Smith, owner of the abutting property at 5311 Edgewood Road was present in opposition. Mr. Smith had previously submitted a letter outlining his concerns. Staff presented the item and a recommendation of approval subject to compliance with the conditions noted in the "Staff Recommendation" above. Gary Langlais commented that Mr. Smith had a problem with the requested 2.2 foot side yard setback and asked if the addition could be moved over, providing a 3.3 foot side yard setback. In response, Ms. Trammell showed the Board plans and elevations of the house and the proposed addition. Mr. Hardin stated that the 2 April 24, 2000 Item No.: 5 (Cont. remodeling project will benefit the neighborhood by increasing the value of the house. Norm Floyd asked if the addition could be moved to provide a side yard of 3.3 feet. Mr. Hardin and Ms. Trammell responded that it would be difficult to move the addition due to the location of the home's heating and air conditioning unit. Mr. Hardin stated that moving the addition even 1 foot would require a drastic remodeling of the house. He stated that it may require constructing a two-story addition to provide the proposed square footage. Ms. Trammell presented photographs of the house. She stated that they did construct a "post -up", showing the height and setback of the proposed addition. In response to a question from William Ruck, Mr. Hardin stated that there would be no windows on the west side of the addition. In response to a concern raised by Mr. Smith, Ms. Trammell noted that there was a 65 foot tall tree on the east side of her property that currently shades both her and Mr. Smith's back yards until nearly noon each day. She commented that the proposed addition would not further shade Mr. Smith's property. Mr. Smith stated that he would prefer the addition to maintain a 3.3 foot side yard setback. He noted that the code required a 5 foot side yard. At Gary Langlais' request, Ms. Trammell showed the proposed plans to Mr. Smith. Mr. Smith stated that his opinion had not changed, that he was still opposed to a 2.2 foot setback. Norm Floyd suggested changes in the plans that would result in a 3.3 foot side yard setback for the addition. Mr. Hardin questioned why the variance should not be approved. He asked if Mr. Smith should not be required to prove why the variance shouldn't be granted. Dana Carney, of the Planning Staff, responded that there was no "right" to a variance and Mr. Hardin had to justify the variance request. Cindy Dawson, of the City Attorney's Office, noted that there should be circumstances unique to the property for the Board to consider a variance request. William Ruck commented that Mr. Hardin did inherit a hardship due to the house's existing reduced side yard. He stated that the April 24, 2000 Item No.: 5 (Cont.) Board must make a judgement call whether it is reasonable to extend that hardship when the neighboring property owner feels that the house is already too close. A motion was made to approve the variance request as submitted, with the conditions proposed by staff. The motion failed with a vote of 1 aye, 3 noes and 1 absent. A motion was then made to expunge the previous vote. The motion passed with a vote of 4 ayes, 0 noes and 1 absent. Norm Floyd asked Mr. Hardin if he would agree to a 3.3 foot side yard setback for the new addition with a proposed bay window in the existing house having a 2.2 foot side yard setback. Mr. Hardin responded that he would. A motion was then made to approve a setback variance to allow the new addition to have a 3.3 foot side yard setback, to align with the existing house, and to allow a bay window on the existing house with a side yard setback of not less than 2.2 feet subject to compliance with the following conditions: 1. Guttering is to be installed on the west side of the addition. 2. The eave/overhang on the west side of the addition is not to come closer to the property line than the existing eave/overhang of the house. The motion was approved with a vote of 4 ayes, 0 noes and 1 absent. 4