HomeMy WebLinkAboutZ-7339 Staff AnalysisDecember 23, 2002
ITEM NO.: 5
File No.:
Owner:
Address:
Description:
Zoned:
Z-7339
Clara M. Ball and Steve A. Malcom
9124 West 46th Street
Lots 13-15, Block 8, Euclid Place Addition
Variance Requested: A variance is requested from the area
provisions of Section 36-156 to allow an
accessory carport structure with a reduced
side yard setback.
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 9124 West 46th Street is occupied by a one-
story frame single family residence. There is a gravel drive from West
46th Street which serves as access. There is a 12 foot by 20 foot metal
carport structure which is located near the south property line,
approximately 16 feet from the southeast corner of the single family
residence. There is a concrete sidewalk from the carport structure to the
front door of the house.
The applicant notes that the carport structure was placed on the site five
(5) years ago for use by his mother. He also notes that the carport was
located at a point which provided easy access to the front door, as his
mother (the primary resident) is disabled with health problems.
December 23, 2002
Item No.: 5 (Cont.)
The carport structure is located 5.5 feet from the south property line.
Although the house faces south, staff considers the south property line a
side property line based on the fact that the lots are oriented east -west.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum
street side yard setback of 15 feet for accessory buildings. Therefore, the
applicant is requesting a variance to allow the carport structure with a
reduced street side yard setback.
Staff supports the requested variance. Staff's support is based primarily
on the fact that the carport structure has been in place for years, with no
complaints from neighbors. The City's enforcement staff observed the
carport during a neighborhood inspection. Additionally, the carport
structure serves an elderly property owner with health problems. Although
staff supports the variance request, given the fact that the carport
structure is not on a permanent foundation, staff feels that the variance
should be approved for this property owner's use only.
C. Staff Recommendation:
Staff recommends approval of the requested variance for reduced side
yard setback associated with the accessory carport structure, subject to
the following conditions:
1. The variances be approved for the property owner, Clara M. Ball, only.
2. If the property is sold, or Ms. Ball vacates the property, the carport
structure must be removed from the site or moved to meet the
minimum required setbacks.
3. The carport structure must remain unenclosed on all sides.
Staff will inspect the property every five (5) years to verify the ownership
and occupancy of the property.
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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