HomeMy WebLinkAboutZ-7304 Staff AnalysisOctober 28, 2002
ITEM NO.: 6
File No.:
Owner:
Address:
Description:
Zoned:
Z-7304
Susan F. Bell
4207 "A" Street
Lot 8, Block 4, Pinehurst Addition
R-3
Variance Requested: Variances are requested from the area
provisions of Section 36-156 to allow a
detached carport structure with reduced
front and side yard setbacks, and reduced
separation from the principal structure.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The R-3 zoned property at 4207 "A" Street is occupied by a one-story
frame single family residence. A concrete driveway at the northeast
corner of the property serves as access. On September 10 of this year
the applicant installed a 10 foot by 20 foot metal detached carport
structure over a portion of the driveway. The structure is located
approximately 6.5 feet from the front property line, two (2) feet from the
side (east) property line and one (1) foot from the principal residential
structure.
Section 36-156(a)(2)c. of the"City's Zoning Ordinance requires that
accessory structures be located at least 60 feet back from front property
lines. Section 36-156(a)(2)f. requires a minimum side yard setback of
October 28, 2002
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three (3) feet, and Section 36-156(a)(2)b. requires that accessory
structures be separated from principal structures by at least six (6) feet.
Therefore, the applicant is requesting variances from these ordinance
requirements.
Staff does not support the variance requests. Staff feels that the metal
carport structure is out of character with the other single family properties
in this area. The parking structures which exist in this general area are
located in rear yards, with vehicular access taken from alley rights-of-way.
There is a paved alley located along the south property line of this lot
which could be used for vehicular access. There is ample space to
relocate the carport structure to the rear yard area and meet the
ordinance required minimum setbacks.
As noted previously, the metal carport structure was installed
September 10, 2002. The Zoning Enforcement staff issued a courtesy
notice to the property owner on September 13, 2002. Therefore, this
carport structure is different from several carport structures that the Board
has dealt with recently, in that it has not existed on the site for a number
of years.
C. Staff Recommendation:
Staff recommends denial of the requested variances.
BOARD OF ADJUSTMENT: (OCTOBER 28, 2002)
Susan Bell was present, representing the application. There was one (1) person
present, in opposition. Staff gave a -brief description of the proposed variances
associated with the existing metal carport structure, with a recommendation of
denial.
Susan Bell addressed the Board in support of the application. She stated that
moving the carport structure to the rear yard would mean removing a privacy
fence between her property and an adjacent property. She stated that she
would not feel safe with a parking structure in the rear yard. She stated that a
carport in the rear yard would not protect her from the weather.
Chairman Ruck asked if she could get from her house to the existing carport
without getting in the weather. Ms. Bell noted that an overhang on the house
kept her out of the weather and explained.
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October 28, 2002
Item No.: 6 (Cont.
Vice -Chairman Gray asked if any complaints had been received on the carport
structure. Staff noted that a complaint had been received which initiated
enforcement. Staff indicated knowledge of one (1) nearby property owner who
opposed the application.
Chairman Ruck noted that none of the single family properties in this area had
encroachments into the front yards as the one proposed. He indicated that the
metal carport structure encroaching into the required front yard was a detriment
to the neighborhood.
Vice -Chairman Gray asked who used the parking lot immediately east of this
property. Ms. Bell stated that it was, used by LIAMS.
Vice -Chairman Gray asked if the carport structure could be pushed back any.
Ms. Bell stated that it could not and explained.
Chairman Ruck asked if any of the neighbors within this block used the alley for
vehicular access. Ms. Bell stated that she knew of none. The issue of moving
the carport structure to the rear yard with alley access was discussed.
Winifred Minyard, owner of 4223 "A" Street, addressed the Board in opposition.
She noted that seven (7) of ten house within this two (2) block stretch of "A"
Street (south side) had alley access. She noted that the metal carport structure
was out of character with the neighborhood, and explained. She indicated no
opposition to the carport being located in the rear yard with alley access.
There was a motion to approve the variances associated with the metal carport
structure, as filed. The motion failed by a vote of 0 ayes, 3 nays and 2 absent.
The application was denied.
Ms. Bell asked when the carport structure needed to be removed from the site.
Staff noted that it had to be removed within 30 days of this date.
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