HomeMy WebLinkAboutZ-7099 Staff AnalysisOctober 29, 2001
ITEM NO.: 5
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Z-7099
Bobby Chaten
3410 Sussex Circle
Lots 204 and 2051 Kensington
Place Subdivision
R-2
Variances are requested from the
building line provisions of
Section 31-12.
Justification: The new single family residence
was inadvertently constructed
with front steps and one corner
over the front platted building
line.
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Construction of new single
family residence
Single family residential
The R-2 zoned property at 3410 Sussex Circle is
occupied by a new one-story, brick and frame, single
family residence. The newly constructed house
encroaches approximately three (3) feet over the
platted 25 -foot front building line near the southeast
corner of the structure, with front steps which
encroach approximately 13 feet over the same platted
building 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.: 5
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 five (5) to six (6) feet above grade.
Also, the property drops off drastically along the
north and west sides of the structure. To an extent,
this slope dictated the placement of the structure on
the property, resulting in the building line
encroachments.
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 line. The construction of the
steps results in a 12 foot setback from the southern
property line and a 23.5 foot setback from curb line of
Sussex Circle. The encroachment near the southeast
corner of the structure results in a 22 foot setback
from the south property line and a 33.5 foot setback
from the curb line of Sussex Circle.
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.
E
October 29, 2001
Item No.: 5
BOARD OF ADJUSTMENT:
(OCTOBER 29, 2001)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.
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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