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HomeMy WebLinkAboutZ-6990 Staff AnalysisMarch 26, 2001 Item No.: 4 File No.: Z-6990 Owner: Kent and Mary Ann Davidson Address: 127 Fairview Road Description: Lot 131 Block 24, Hillcrest Zoned: R-2 Variance Requested: Variances are requested from the accessory structure area coverage and setback provisions of Section 36-156. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Proposed Use of Property: Single Family Staff Report• A. Public Works Issues: Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. B. Staff Analysis: The R-2 zoned lot located at 127 Fairview Road is occupied by a one-story, frame, single-family residence and an accessory building. The accessory building, a 20' X 201, single -car carport and storage building, is located at the rear of the lot. The applicant proposes to remove this old accessory building and a replace it with a new, 22' X 301, two -car garage and storage building. The new accessory building is proposed to have a 0' rear yard setback, a 1.3' side yard setback and will cover slightly less than 44% of the required rear yard. The code requires rear and side yard setbacks of 3' and limits the rear yard coverage to 30%. March 26, 2001 Item No.: 4 (Cont.) Staff is generally supportive of the requested variances. The lot backs up to Wait Street, a barely improved right-of- way. The street functions as an alley used to access the rear of the lots that front onto the adjacent streets. Many other properties in the area have similar accessory buildings built on or over the rear property line adjacent to Wait Street. The code allows accessory structures to have a 0' setback when adjacent to an alley. Insomuch as Wait Street functions as an alley, it does not appear to be inappropriate to utilize the same standard for rear yard setback. The existing accessory building on the applicant's property currently extends 0.2' over the rear property line, into Wait Street. The existing accessory building has a 1.3' side yard. The applicant proposes to maintain that same side yard. The reduced side yard is for only a corner of the proposed structure. Due to the angle of the proposed structure in relationship to the rear and side property lines, both encroachments involve only a corner of the structure. In both instances the structure angles away from the property line so that the setback quickly exceeds the ordinance minimum. Staff believes it would be appropriate to limit the size of the eave/overhang on the side of the accessory building and to require guttering to prevent water run-off onto the adjacent property. Although the accessory structure is larger than allowed by - right in the rear yard, it is not out of character with similar structures in the area. The allowable coverage permitted on a 50' wide lot does not lend itself to constructing a two -car garage. The lot has no street access from Fairview Road. The lot is deeper than the typical Hillcrest lot and there is more than adequate open space on the property. Allowing the slightly larger garage structure would not appear to be overbuilding this lot. Permitting the requested setback and area coverage variances should have no impact on adjacent properties. The Wait Street right-of-way provides adequate separation from the lot to the rear. The lot adjacent to the southeast has an accessory structure that is located on the far side of the lot, well separated from the applicant's proposed structure. C. Staff Recommendation: Staff recommends approval of the requested setback and area coverage variances subject to compliance with the following conditions: 2 March 26, 2001 Item No.: 4 (Cont.) 1. The eave/overhang on the side of the proposed accessory building is to be limited to no more than 6 inches. 2. Guttering is to be installed on the side of the accessory building to prevent water run-off onto the adjacent property. 3. Compliance with Public Works Comments including any variance or waiver of those requirements as may be granted by the Director of Public Works or the Board of Directors. BOARD OF ADJUSTMENT: (MARCH 26, 2001) Kent Davidson was present representing his application. There were no objectors present. Staff informed the Board that the applicant had submitted a revised site plan in which the existing accessory building was not to be removed but was to be added onto. Staff stated the variance requests would remain the same with the exception that the rear yard area coverage was now to be 56% not 44%. Staff recommended approval of the variance requests subject to compliance with the conditions outlined in the "Staff Recommendation" above. Norm Floyd commented that he had driven by the site three times and was unable to see the sign which advertised the public hearing. Mr. Davidson responded that his wife had placed the sign on the front porch of the house and he had personally observed the sign. Mr. Floyd questioned whether the existing accessory building was structurally sound enough to add onto. Mr. Davidson responded that he thought it was. A motion was made to approve the requested variances subject to compliance with conditions recommended by staff. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. 3