HomeMy WebLinkAboutZ-7101 Staff AnalysisOctober 29, 2001
ITEM NO.: 7
File No.:
Owner:
Address:
Z-7101
Christopher and Erika Kent
7311 Indiana Avenue
Description: Lot 9, Block 6, Riffel and
Rhoton Forest Park Ridgeland
Addition
Zoned:
Variance Requested:
Justification:
Present Use of Property:
R-2
Variances are requested from
the area regulations of Section
36-254 and the fence/wall
standards of Section 36-516.
The applicant's explanation is
presented in an attached letter.
Single family residential
Proposed Use of Property: Single family residential
STAFF REPORT
A. Public Works Issues:
3. Indiana Avenue is an unimproved residential street with
narrow pavement. Future street improvements will
require acquisition of additional right-of-way for
typical residential street and utility construction.
Public Works feels strongly that no vertical walls
should be allowed in future right-of-ways and requests
denial of this variance.
B. Staff Analysis:
The property at 7311 Indiana Avenue is zoned R-2 and
contains an existing two-story brick and frame single
family residence. There is a short retaining wall
along the front (north) property line which follows the
grade of Indiana Avenue, sloping downward from west to
east. The wall is approximately two (2) feet high at
October 29, 2001
Item No.: 7
its highest point, which is at the northeast corner of
the property. The applicant proposes to make two (2)
improvements to the property which will require
variances.
The first is a proposed deck addition to the front of
the single family structure. The deck will extend from
the northeast corner of the house out approximately
eight (8) feet and run along the front of the structure
for approximately 32 feet. The deck will be in two (2)
sections. The west section of the deck will be level
with an existing the walkway which is less than one
(1) foot above grade. The eastern section of the deck
will be approximately 56 inches above grade at its
highest point (northeast corner of the deck). The
front yard setback proposed for the deck will be
approximately eleven (11) feet at the northwest corner
of the deck and 16.5 feet at the deck's northeast
corner. Section 36-254(d)(1) of the City's Zoning
Ordinance requires a minimum front yard setback of 25
feet. The existing porch on the single family
structure has a front setback of approximately 20 feet.
The second improvement which the applicant proposes to
make to the property involves the existing retaining
wall along the front property line. The applicant
proposes to add from six (6) inches to 29 inches in
height to the existing wall and place a three (3) foot
high fence on top of the wall (see attached letter and
sketch from the applicant). This will result in a
maximum fence/wall height of approximately 7.5 feet at
the northeast corner of the property. Section 36-
516(e)(1) of the Zoning Ordinance allows a maximum
fence/wall height of four (4) feet for a fence or wall
located between a required building setback line and a
street right-of-way.
Staff is supportive of the variance to allow a reduced
front yard setback for the proposed deck. There are
several other structures in this general area which are
located relatively close to front property lines.
Staff feels that if the deck structure is not covered
or enclosed, it will have no adverse impact on the
adjacent properties or the general area.
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October 29, 2001
Item No.: 7
Staff is not supportive of the variance to allow an
increased fence/wall height along the front property
line. As noted in the Public Works comments (paragraph
A.), future street improvements will require the
acquisition of additional right-of-way for Indiana
Avenue. The future acquisition will result in ten (10)
additional feet of right-of-way along this side of the
street. Public Works opposes any additional
improvements within this future right-of-way area. If
the applicant were willing to move the retaining
wall/fence back ten (10) feet from the front property
line, staff would be happy to review a variance request
for that fence/wall location. However, moving the
fence/wall back ten (10) feet from the front property-,
line would cause two (2) and possibly all three (3) of
the mature trees in the front yard to be removed.
C. Staff Recommendation:
Staff recommends approval of the requested front yard
setback variance for the proposed deck subject to the
following conditions:
1. The deck is to remain uncovered and unenclosed.
2.A building permit must be obtained for the deck
construction.
Staff recommends denial of the requested fence/wall
height variance.
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 Public Works and Staff had changed the
staff recommendation on the fence/wall height variance.
Staff noted support of the fence/wall height variance
subject to the existing retaining wall being increased in
height no more than one (1) concrete block width
(approximately 8 inches) with the wall remaining stepped
down from west to east, and the three (3) foot tall fence
being placed on top of the wall and also stepped.
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October 29, 2001
Item No.: 7
Staff noted that a Public Works representative had met with
the applicant, and that the applicant was supportive of the
revised staff recommendation.
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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