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HomeMy WebLinkAboutZ-7251 Staff AnalysisJuly 29, 2002 ITEM NO.: 8 File No.: Owner: Address: Z-7251 Doug and Denise Martin 3800 Hill Road Description: Lots 1, 2 and 3 and Lots 10, 11 and 12, Block 14, Pulaski Heights Addition; Lot 6, Block 3, Oakwood Place Addition; Lot E, Mildred M. Moss Replat Zoned: R-3 and R-5 Variance Requested: Variances are requested from the fence provisions of Section 36-516 and the area provisions of Section 36-259 to allow construction of a fence which exceeds the maximum height allowed and a swimming pool with a reduced rear yard setback. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT 0 Public Works Issues: No Comments. B. Staff Analysis - The applicant's justification is presented in an attached letter. Single Family Residential and Multifamily Residential Single Family Residential and Multifamily Residential The property at 3800 Hill Road (Lots 1, 2, 3 and Lots 10, 11, 12, Block 14, Pulaski Heights Addition) is zoned R -3/R-5 and contains a two-story brick single family residence, with a large grass -covered rear yard area. Lot E, Mildred M. Moss Replat (zoned R-5) is located at the northwest corner of the single family property and is occupied by a multifamily structure which the property owner proposes to remove from the site. Lot 6, Block 3, July 29, 2002 Item No.: 8 (Cont. Oakwood Place Addition is immediately to the north and contains a two- story apartment building. All of the above referenced property is owned by Doug and Denise Martin. The Martins are proposing to make several improvements to the property. A swimming pool with cabana is proposed to be constructed within the grass -covered rear yard area north of the single family residence. After removal of the multifamily structure from Lot E, Mildred M. Moss Replat, a tennis court (enclosed by a 10 foot fence) and a gazebo will be constructed on this lot. The tennis court, gazebo and swimming pool/cabana will be for the use and benefit of the single family residence. A second swimming pool is proposed to be constructed at the southeast corner of Lot 6, Block 3, Oakwood Place Addition. This swimming pool will be used by the tenants of the multifamily structure on this lot. The applicants are requesting two (2) variances for the proposed construction.. The first variance is the fence height regulations of Section 36-516. Section 36-516(e)(1)a. allows a maximum residential fence height of six (6) feet. As noted previously, the fence which is proposed to enclose the tennis court is 10 feet in height. The second variance is from the area provisions of Section 36-259. Section 36-259(d)(3) requires a minimum rear yard setback of 25 feet for structures constructed in R-5 zoning. The swimming pool proposed to be constructed at the southeast corner of Lot 6, Block 3, Oakwood Place Addition has a rear yard setback of approximately nine (9) feet from the rear property line (the centerline of a closed alley). The swimming pool/cabana to be constructed within the rear yard area of the single family residence complies with ordinance standards. Staff is supportive of the variance requests. The 10 foot high fence proposed around the tennis court is a standard size fence for the perimeter of a tennis court. The fence should have no adverse impact on the adjacent properties or the general area. Multifamily structures are located north, south and west of the tennis court site. The swimming pool construction proposed for Lot 6, Block 3, Oakwood Place Addition should also prove to have no adverse impact on the general area. The rear yard setback variance proposed is along a common lot line of property owned by the Martins. Based on the fact that this swimming pool will be part of the multifamily development, a screening fence will be required between Lot 6, Block 3, Oakwood Place Addition and the single family property immediately east in order to screen the outdoor multifamily activities. Additionally, any lighting of the tennis court and swimming pool areas must be low-level and directed away from the adjacent single family residential properties. 2 July 29, 2002 Item No.: 8 (Cont.) 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 six (6) foot high screening fence with its face side directed outward will be required along the east property line of Lot 6, Block 3, Oakwood Place Addition, in order to screen the swimming pool area from the adjacent single family property. 3. Any site lighting for the swimming pool and tennis court areas must be low-level and directed away from adjacent single family property. BOARD OF ADJUSTMENT: (JULY 29, 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 4 ayes, 0 nays and 1 absent. 3