HomeMy WebLinkAboutZ-7329 Staff AnalysisDecember 23, 2002
ITEM NO.: 2
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analysis:
Z-7329
Dennis Properties
#9 Raleigh Lane
Lot 28, Southern Hills Subdivision
R-2
A variance is requested from the building
line provisions of Section 31-12.
The applicant's justification is presented in
an attached letter.
Single family residential
Single family residential
The property at #9 Raleigh Lane is occupied by a recently constructed
one-story frame single family residence. There is a two -car driveway from
Raleigh Lane which serves as access. The original survey for this
property which was done in May 2000 and used for the construction of the
single family residence, showed a 50 foot front platted building line. The
single family structure was constructed with a 50 foot front yard setback.
After construction, the property owners obtained an as -built survey (from a
different surveyor) during the financing process, which showed a
corrected 60 foot front building line. This resulted in the structure being
constructed approximately 10 feet over the platted building line. Section
31-12(c) of the City's Subdivision Ordinance requires that any
encroachment over a platted building line be reviewed and approved by
the Board of Adjustment. Therefore, the applicant is requesting a
variance to allow the encroachment.
December 23, 2002
Item No.: 2 (Cont.
Staff supports the requested variance. Staff does not feel that the
property owners are at fault, as the surveyor obviously made a mistake in
the initial survey. Staff believes that had the property owners known of
the 60 foot building line, the structure would have been built accordingly,
as there is ample rear yard area which would have allowed the structure
to be pushed back an additional 10 feet. Staff feels that the requested
variance will have no adverse impact on the general area.
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
of Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested variance subject to
completion of a one -lot replat reflecting the change in the front platted
building line as approved by the Board.
BOARD OF ADJUSTMENT: (DECEMBER 23, 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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