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HomeMy WebLinkAboutZ-7102 Staff AnalysisOctober 29, 2001 ITEM NO.: 8 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Z-7102 Edward E. Schulte 18 Cimarron Valley Circle Lot 15, Block 33, Pleasant Valley Addition R-2 Variances are requested from the area regulations of Section,, 36-254 and the easement regulations of Section 36-11. 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: No Comments. B. Staff Analysis: The R-2 zoned property at 18 Cimarron Valley Circle is occupied by an existing single family residence. There is an existing metal carport structure on the west side of the residence, which has a nonconforming side yard setback of 3.5 feet. The structure also extends approximately 1.5 feet over the 5 foot utility easement which runs along the west property line. The applicant proposes to remove the existing metal carport structure and replace it with an enclosed garage (26.5 feet by 22 feet), maintaining the same "footprint" as the existing carport. Therefore the applicant is requesting a variance to allow a reduced October 29, 2001 Item No.: 8 side yard setback and a variance to encroach into the existing utility easement. The new garage structure will have a side setback of 3.5 feet and encroach 1.5 feet into the five (5) foot utility easement. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of eight (8) feet for R-2 zoned property. Section 36-11(f) of the code prohibits building construction "...that encroaches on, over or into any easement." Staff is not supportive of the variances as requested. Staff feels that the proposed garage should maintain a five (5) foot side yard setback, keeping it out of the existing utility easement along the west property line'. The applicant has not provided staff with sign -offs from all of the public utility companies approving the proposed building addition. Additionally, staff feels that a 25 foot wide garage is sufficient width for parking two (2) vehicles. Staff would support a revised application to make the garage addition a maximum width of 25 feet (including eave line), thereby maintaining a five (5) foot minimum side yard setback and keeping the addition out of the utility easement. Staff would also suggest installing gutters on the garage addition to prevent water run-off onto adjacent property. Staff has informed the applicant of this issue and as of this writing is awaiting a reply. C. Staff Recommendation: Staff recommends approval of the side yard setback variance subject to the following conditions: 1. The structure (including eave line) must maintain a minimum five (5) foot side yard setback. 2. The garage structure must have gutters to prevent water run-off onto the adjacent property. Staff recommends denial of the variance to allow encroachment into the existing five (5) foot utility easement along the west property line. 2 October 29, 2001 Item No.: 8 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. 3