HomeMy WebLinkAboutZ-7231 Staff AnalysisJune 24, 2002
ITEM NO.:
File No.: Z-7231
Owner: Viola M. Smith
Address: 5901 Palo Alto Drive
Description: Lot 24, Traskwood Manor Subdivision
Zoned: R-2
Variance Requested: A variance is requested from the area
provisions of Section 36-254 to allow a
carport addition with a reduced front yard
setback.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Landscape and Buffer Issues:
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The property at 5901 Palo Alto Drive is occupied by a one-story brick and
frame single family residence. There is an existing 16 foot wide driveway
at the northwest corner of the property. The survey of the property notes
that a two -car garage was enclosed to create a den in 1969. The
applicant recently constructed a 16 foot by 16 foot carport addition over
the existing driveway. The carport structure is attached to the house and
is set back approximately 10 feet from the front property line and 21 feet
from the street curb. Section 36-254(d)(1) of the City's Zoning Ordinance
requires a minimum setback of 25 feet from a front property line.
Therefore, the applicant is requesting a variance to allow a reduced front
yard setback.
June 24, 2002
Item No.: 5 Cont.)
Staff does not support the proposed variance. Although the carport is
unenclosed on the north, east and west sides, staff does not feel that the
applicant has provided justification to support the requested variance. To
staff's knowledge, none of the other single family residences fronting on
Palo Alto Drive have carport structures which extend into the required
front yard.
C. Staff Analysis:
Staff does not support the requested front yard setback variance.
BOARD OF ADJUSTMENT: (JUNE 24, 2002)
Viola Smith was present, representing the application. There was one (1) person
present in opposition. Staff presented the application with a recommendation of
denial.
Viola Smith addressed the Board in support of the application. She stated that
she recently purchased the house and the garage had already been converted
into a den. She noted that she recently had the carport structure constructed to
protect her vehicle from the weather. She presented photos to the Board of a
carport structure on Drexel Drive which did not conform to ordinance standards,
and noted that there were other such structures in the Traskwood Subdivision.
Chairman Ruck asked if the carport structure was unenclosed. Ms. Smith stated
that it was open on the north, east and west sides.
Vice -Chairman Gray asked if a building permit with inspection was required for a
carport addition. Staff responded that it was a requirement.
Chairman Ruck stated that if the plat of the property showed a platted front
building line, a replat would need to be done. Vice -Chairman Gray stated that if
a variance is approved, a building permit would need to be obtained. He stated
that if the carport structure was not constructed to code, it might have to be
rebuilt. This issue was briefly discussed.
Michael Fangue, of 5910 Palo Alto Drive, spoke in opposition to the application.
He presented photos of Ms. Smith's carport structure to the Board. He noted
that Ms. Smith's carport structure was not constructed very well. He stated that
the structure had already been repaired. Mr. Fangue also stated that he was not
notified of the public hearing.
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June 24, 2002
Item No.: 5 (Cont.
Ms. Smith stated that she attempted to notify the owner of 5910 Palo Alto Drive,
but no one would answer the door. She also noted that the construction of the
carport structure was not completed, because she was told to stop work by the
City.
There was a motion to approve the application subject to the following
conditions:
1. A building permit must be obtained.
2. The carport structure must be unenclosed on the north, east and west
sides.
The motion failed by a vote of 0 ayes and 5 nays. The application was denied.
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