HomeMy WebLinkAboutZ-7120 Staff AnalysisDecember 17, 2001
ITEM NO.: 4
File No..
Owner:
Address:
Z-7120
Curran Papan
4405 Gooch Drive
Description: A 0.25 acre property located in
Section 24, Township 2 North,
Range 14 West
Zoned:
Variance Requested:
Justification:
Present Use of Property:
R-2
The applicant is requesting an
appeal of an administrative
interpretation, in order to
construct an accessory building
on the property before the
principle structure is
constructed.
The applicant's justification is
presented in an attached letter.
Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
The R-2 zoned property at 4405 Gooch Drive is
undeveloped, with some site work having taken place
recently. The property is located at the south end of
Gooch Drive, south of Taylor Loop Road. The applicant
is requesting an appeal of an administrative
interpretation, in order to construct an accessory
storage building on the property before the principle
structure (single family residence) is constructed.
The applicant requested to construct the accessory
December 17, 2001
Item No.: 4
building before the principle structure, but was denied
by staff based on the following definition of an -
accessory building, taken from Section 36-2 of the
City's Zoning Ordinance:
Accessory building or use means a building or use
which:
(1) Is subordinate to and serves a principal building
or principal use;
(2) Is subordinate in area, extent or purpose to the
principal building or principal use served;
(3) Contributes to the comfort, convenience or
necessity of occupants of the principal building
or principal use; and
(4) Is located on the same zoning lot as the principal
building or principal use.
The applicant is proposing to construct a 12 foot by 20
foot accessory building near the southwest corner of
the property. The building would initially be used to
store building materials and tools, while the principle
structure is being constructed. Once the house is
completed, the building would be used for storage of
lawn and garden equipment and as a hobby shop. The
applicant notes that the accessory building will be set
back three (3) to five (5) feet from the side and rear
property lines. The applicant also notes that he plans
to begin construction of the principle structure in the
spring of 2002.
In reviewing this requested appeal, staff would suggest
that the Board keep in mind the following area and
height regulations for accessory buildings in R-2
zoning, according to Sections 36-156 and 36-254 of the
City's Zoning Ordinance:
■ Maximum height - 35 feet
• Minimum front setback - 60 feet
• Minimum side and rear setbacks - 3 feet
• Minimum separation from principle structure - 6
feet
P,
December 171 2001
Item No.: 4
Not occupy more than 30 percent of the required
rear yard
Should the Board choose to approve the applicant's
appeal, staff would also suggest that the Board
consider a time certain, as to when construction of the
principle structure must be started in relation to the
accessory structure.
BOARD OF ADJUSTMENT:
(DECEMBER 17, 2001)
The applicant, Curran Papan, was present. There were no
objectors present. Staff presented the item and explained'
the proposed appeal.
Curran Papan addressed the Board in support of the appeal.
Chairman Ruck asked about the timing of the construction of
the accessory building and single family residence. Mr.
Papan noted that he wished to begin construction on the
accessory building as soon as possible and construction on
the residence in the spring of 2002.
Fred Gray asked Mr. Papan if he would act as the general
contractor for the construction. Mr. Papan responded that
he would.
Andrew Francis recommended that Mr. Papan keep in mind all
of the required area building setbacks and separation
requirements when placing the accessory building and
residence. There was additional discussion related to this
matter. Chairman Ruck stated that he did not want the
applicant to create any setback variances that would have to
come back to the Board.
Fred Gray asked Mr. Papan if a professional would design the
house. Mr. Papan responded that he would have a design
professional.
Gary Langlais provided additional discussion related to the
appeal.
There was a motion to approve the appeal subject to the
following conditions:
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December 17, 2001
Item No.: 4
1. The placement of the accessory building and the
principal structure must comply with all of the area
regulations (building setbacks, building height,
separation, etc.).
2. The construction of the principal structure must begin
within one (1) year of the time that construction
begins on the accessory building.
Andrew Francis asked what would happen at the end of the one
(1) year time frame if construction was not started on the
principal structure. There was additional discussion
pertaining to the motion. _-
Chairman Ruck amended condition 2. of the original motion to
the following:
2. Construction of the principal structure must begin
within one (1) year of this approval date.
The amended motion was approved by a vote of 5 ayes and
0 nays. The appeal was approved.
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