HomeMy WebLinkAboutZ-7158 Staff AnalysisMarch 25, 2002
ITEM NO.: 12
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z-7158
Levy Family Revocable Trust and
Claude and Joyce Babin
5608/5610 Hawthorne Road
Lots 18AR and 18BR, Forest
Heights Place Addition
R-2
Variances are requested from
the area provisions of Section
36-156,.the building line
provisions of Section 31-12
and the height provisions of
Section 36-516 to allow an
accessory structure with reduced
setbacks which crosses a platted
building line and -a fence and
wall which exceeds the maximum
height allowed.
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 Comments.
B. Staff Analysis:
Each of the R-2 zoned properties at 5608 and 5610
Hawthorne Road contains a two-story single family
residence. The properties front on Hawthorne Road,
with "V" Street right-of-way along the rear property
lines. The property owners recently constructed a
March 25, 2002
Item No.: 12
shared accessory structure (tool storage building) in
the rear yards, which straddles the dividing side
property line. The accessory building is 8 feet by 16
feet, with a height of seven (7) feet. The applicant
is requesting a variance to allow the structure with
reduced side yard setbacks. Section 36-156(a)(2)f.
requires a minimum side yard setback of three (3) feet
for accessory buildings.
The applicant is also requesting a variance to allow
the accessory building to be constructed within a
platted building setback. When these lots were
replatted in 1994, a 30 foot building line was platted
along the north property lines. The accessory building
is located approximately four (4) feet from the north
property line. If the Board approves the building line
variance, the applicant will have to complete a one -lot
replat reflecting the change in the front building line
for the proposed 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.
Additionally, the property owner at 5608 Hawthorne Road
recently replaced a privacy fence along the north and
east property lines extending into the right-of-way of
"V" Street. The fence is six (6) feet in height and is
located on top of a masonry retaining wall, with an
overall height of 7'-8" to 9'-6" due to the sloping
terrain. Section 36-516 of the Zoning Ordinance allows
a maximum overall fence height of six (6) feet for
residential fences located along property lines and a
maximum height of four (4) feet for fences located
between required building setback lines and street
rights-of-way. Therefore, the owner of 5608 Hawthorne
Road is requesting a variance for the existing fence.
There is also an existing six (6) foot wood privacy
fence along the west and north property lines of
5610 Hawthorne Road. This fence also extends into
the right-of-way of "V" Street. The owner of
5610 Hawthorne Road proposes to replace this fence with
another six (6) foot high wood fence which will be
compatible with the fence at 5608 Hawthorne Road.
Therefore, this property owner also requests a variance
to allow the six (6) foot high fence between the
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March 25, 2002
Item No.: 12
required rear building setback and the "V" Street
right-of-way.
Staff supports the requested variances. Staff feels
that the proposed accessory building and fences are
compatible with the other properties located along "V"
Street. "V" Street functions essentially as an alley,
with the residential properties having either side or
rear yard relationships to the street. There are other
structures located along "V" Street which extend into
the public right-of-way.
C. Staff Recommendation:
Staff recommends approval of the requested variances
subject to the following conditions:
1.A building permit must be obtained for all
construction.
2. A franchise must be obtained for the portions of the
fences which extend into the "V" Street right-of-
way.
3. The applicant must complete a one -lot replat
reflecting the change in the rear platted building
line as approved by the Board.
BOARD OF ADJUSTMENT:
(MARCH 25, 2002)
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 and 0 nays.
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