HomeMy WebLinkAboutZ-7238 Staff AnalysisJune 24, 2002
ITEM NO.: 9
File No.: Z-7238
Owner: Ann Patterson and Max Snowden
Address: 5120 Country Club Blvd.
Description: Lot 9, Block 12, Newton's Addition
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 side yard
setback.
Justification: The applicant's justification is presented in
an attached letter.
Present Use of Property: 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 5120 Country Club Blvd. contains a two-story,
brick and frame single family residence. There is an existing driveway
from Country Club Blvd. located at the southeast corner of the property.
The house is set back approximately 49 feet from the front property line.
The property owner proposes to construct two (2) additions to the existing
house. The first is a two-story addition at the rear (northwest corner) of
the structure. This addition will be for a screened porch and play room.
The second proposed addition is a porch and carport (unenclosed)
addition to the front of the house. The owner has noted that the carport
will have gutters to prevent water run-off onto the adjacent property to the
east.
June 24, 2002
No.: 9 (Cont.
The proposed additions comply with all of the building setback
requirements for R-2 zoning, with the exception of the carport's side yard
setback. The proposed side yard setback for the carport is 1.17 feet.
Section 36-254(d)(2) requires a minimum side yard setback of five (5)
feet. Therefore, the property owner is requesting a variance to allow a
reduced side yard setback for the carport structure.
Staff is not supportive of the requested variance. Staff feels that the
proposed carport structure is located too close to the east property line.
Even though the applicant is proposing gutters to prevent water runoff
onto the adjacent property to the east, staff feels that the 1.17 foot
proposed side yard setback will not leave enough space between the
carport and the side property line to allow for maintenance of the
structure.
C. Staff Recommendation:
Staff does not support the requested side yard setback variance.
BOARD OF ADJUSTMENT: (JUNE 24, 2002)
Max Snowden, Ann Patterson and Carolyn Lindsey were present, representing
the application. There were no objectors present. Staff presented the
application with a recommendation of denial.
Max Snowden addressed the Board in support of the application and briefly
described the proposal. Carolyn Lindsey stated that it was possible to have an
18 to 22 inch setback from the east property line by increasing the roof pitch.
Mr. Snowden indicated that maintenance of the carport structure would not be an
issue because the property owner to the east supported the construction.
Mr. Snowden indicated that he did not support a greater roof pitch and
explained.
Gary Langlais asked if the carport width could be reduced. Ms. Lindsey stated
that there was nine (9) feet of clearance for each parking space and explained.
This issue was briefly discussed.
There was a brief discussion pertaining to the maintenance of the east side of
the structure. Andrew Francis expressed concern with the proposed distance
from the carport structure to the east property line. He noted that there needed
to be a slightly greater setback. Ms. Lindsey stated that with an increased roof
pitch more side yard setback could be provided.
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June 24, 2002
Item No.: 9 (Cont.
Staff asked about obtaining an access/maintenance easement along the east
property line. Mr. Snowden explained that the property owner to the east was an
elderly lady, who would not be capable of signing such an easement.
Andrew Francis stated that he could support a side yard setback of 22 inches,
even if the guttering was within the 22 inch area.
Vice -Chairman Gray expressed no problem with the variance an applied for.
Chairman Ruck asked if the applicants wanted to amend the application.
Mr. Snowden stated that he felt the application as requested was reasonable.
Cindy Dawson, City Attorney, noted that if the Board denied the application, the
applicant would have to wait one (1) year before a similar application could be
filed. This issue was briefly discussed.
Gary Langlais indicated support for the application as filed. Scott Richburg
stated that he would support an increased side yard setback.
Ms. Lindsey informed the Board that she wished to amend the application. She
stated that a 22 inch setback would be provided along the east property line.
There was a motion to approve the amended application (22 inch side yard
setback) subject to the following conditions:
(1) Guttering must be provided to prevent water run-off onto the adjacent
property to the east.
(2) The guttering may be located within the 22 inch side yard (east) setback.
(3) The carport structure must remain unenclosed on the south, east and
west sides.
The motion passed by a vote of 5 ayes and 0 nays. The amended application
was approved.
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