HomeMy WebLinkAboutZ-7084 Staff AnalysisOctober 29, 2001
Item No.: A
File No.:
Owner:
Address:
Description:
Zoned:
Variance Re ested:
Justification:
Present Use of Property
Proposed Use of Pro -pert
Staff Re ort:
A. Public Works Issues:
No Comments.
B. Staff Analvsis:
Z-7084
Jessie Smith
65 Dartmouth Drive
Lot 164, Kensington Addition
R-2
Variances are requested from the
building line provisions of Section
31-12. `
The new single family residence was
inadvertently constructed with
front steps and one side over the
front platted building line.
Construction of new single family
residence
Single family residential
The R-2 zoned property at 65 Dartmouth Drive is occupied by
a new one-story, brick, single family residence. The newly
constructed house encroaches approximately six (6) inches
over the platted 25 -foot building line along the western
property line, with front steps which encroach approximately
10.5 feet beyond the platted 25 -foot building line along the
southern property line. Section 31-12(c) of the City's
Subdivision Ordinance requires that variances for
encroachments over platted building setback lines be
reviewed by the Board of Adjustment.
October 29, 2001
Item No.: A (Cont.
Staff is supportive of the requested variances. The house
has been mostly constructed, with interior and landscape
work left to be completed. It is unclear how the error has
gone unnoticed throughout the building permit process. It
is apparent that during the initial stage of building permit
review the elevation of the structure's front porch was not
known. The front porch is approximately eight (8) feet
above grade.
Staff does not believe that the building line encroachments
will have an adverse impact on the adjacent property, as
both encroachments are along street side property lines. The
construction of the steps results in a 14.5 foot setback
from the southern property line and a 25.5 foot setback from
curb line of Dartmouth Drive. The western side of the house
is located 24.5 feet from the property line and 35.5 feet
from the curb line of Suffolk Drive.
If the Board approves the building variances, the applicant
will have to complete a one -lot replat reflecting the
changes in the building line for the newly constructed
house. 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
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. The front steps must remain uncovered beyond the platted
building line.
BOARD OF ADJUSTMENT:
(SEPTEMBER 24, 2001)
Jessie Smith was present, representing the application. There
were no objectors present. Staff presented the item and noted
that the applicant had not completed the notification process to
property owners within 200 feet of the property, as required.
Staff noted that seven (7) of the 15 property owners within 200
feet of the site were notified in a timely manner. Staff then
noted that the remainder of the property owners were notified
F
October 29, 2001
Item No.: A (Cont.
of the public hearing no more than four (4) days prior to the
meeting, and three (3) of them were notified the day of the
hearing.
Chairman Ruck noted that the Board felt that the applicant should
notify the surrounding property owners in a timely manner, so
that they may have an opportunity to voice their opinion if they
desire. He stated that it was the Board's opinion that the
application needed to be deferred. to the October agenda and that
the applicant needed to renotify the surrounding property owners
of that meeting.
The applicant offered no additional comments.
There was a motion to defer the application to the October 29,
2001 agenda, with the applicant renotifying the property owners of
that meeting. The motion passed with a vote of 5 ayes, 0 nays and
0 absent. The application was deferred to the October 29, 2001
agenda.
BOARD OF ADJUSTMENT:
(OCTOBER 29, 2001)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
Staff noted that the applicant had completed the renotification
to surrounding property owners as required by the Board.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff by a vote of 5 ayes, 0 nays and 0 absent.
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