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HomeMy WebLinkAboutZ-6988 Staff AnalysisMarch 26, 2001 Item No.: 3 F;1P No_- Z-6988 Owner• Casper and Sherry Nehus Address: 59 Flintwood Drive Description: Lot 5, Leawood Place 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. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family home, under construction Proposed Use of Property: Single family Staff Report: A. Public Works Issues: No issues. B. Staff Analvsis: A new, single-family residence is now being constructed on the R-2 zoned lot located at 59 Flintwood Drive. When a city official made the footing inspection, he observed a portion of a retaining wall for the driveway had been located across the 25 -foot front building line. The property owner had the site resurveyed and discovered that, in addition to the retaining wall, a corner of the house and a portion of the front porch were located beyond the 25 foot front building line. The retaining wall has a front yard setback of 19.5 feet. The corner of the house and front porch have front yard setbacks of 19 feet and 21.7 feet respectively. The Code requires a front yard setback of 25 feet for this lot. As best as can be determined, due to the March 26, 2001 Item No.: 3 (Cont.) slope of the lot, the contractor miscalculated the measurements from the property line. Staff is supportive of the requested variances. The intrusions are minor and should have no effect on other properties in the area. The variances are for only a small corner of the house and a portion of the 35 -foot wide porch. The reduced setbacks represent a very small portion of this lot, which has over 200 feet of street frontage. The retaining wall and the corner of the house will sit back 30± feet from the curb of the street. The porch will be set back 35± feet from the curb. Flintwood is not a through street; ending at a cul-de-sac at this lot. The reduced setbacks should have no impact on traffic in the street. If the Board approves the building line variances, 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. C. Staff Recommendation: Staff recommends approval of the requested building line and setback variances subject to a one -lot replat reflecting the change in the building line as approved by the Board. BOARD OF ADJUSTMENT: (MARCH 26, 2001) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to a one -lot replat reflecting the change in the building line as approved by the Board. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent. PA