HomeMy WebLinkAboutZ-7384-A Staff AnalysisJune 30, 2003
ITEM NO.: 3
File No.: Z -7384-A
Owner: Creative Heights Partners, LLC
Address: 4923 Stonewall Street
Description: Part of Lots 3, 4 and 5, Block 28, Newton's
Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Sections 36-156 and 36-254,
and the fence/wall provisions of Section
36-516 associated with the reconstruction
of a single family residence.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented in
an attached letter.
Single Family Structure under
reconstruction
Single Family Residential
1. Public Works does not support the construction of walls or fences in
the public right-of-way of Jackson Street.
2. Remove the existing picket fence from the Stonewall Street right-of-
way or obtain a franchise agreement with Public Works.
3. The driveway should be constructed to meet Stonewall with 15
degrees +/- of a right angle. All driveways shall be concrete aprons
per ordinance.
4. A residential curb cut permit will be required prior to construction.
Contact Public Works Traffic Engineering at 621 S. Broadway, (501)
379-1817 (Derrick Bergfield).
June 30, 2003
Item No.: 3
B. Staff Analysis:
The R-2 zoned property at 4923 Stonewall Street contains a single family
structure which is currently under reconstruction. The Board of
Adjustment recently approved setback variances associated with a garage
extension at the northeast corner of the residential structure. The
applicant, along with the Planning Staff, has determined that additional
variances are needed for other aspects of the reconstruction.
The first requested variance is from Section 36-254(d)(1) of the City's
Zoning Ordinance. This section requires a minimum front yard setback of
25 feet from the front property line. The applicant is proposing a front
entry (porch and steps) which will be located approximately 15 feet back
from the front property line.
The second requested variance is from Section 36-156(a) b. and c. for a
proposed 14 foot by 14 foot trellis structure at the northwest corner of the
residence, within the side yard area. These sections require a minimum
front yard setback of 60 feet, a minimum street side yard setback of 15
feet and a minimum separation from the principal structure of six (6) feet.
The proposed trellis will be located approximately 22 feet from the front
property line, 2 '/ feet from the street side (west) property line and
separated from the main structure by approximately five (5) feet.
The next requested variance is from the fence/wall height requirements of
Section 36-516(e)(1)a. This section allows a maximum fence/wall height
of four (4) feet between a building setback line and a street right-of-way.
Because of the existing grade of the property, the driveway which serves
the new garage area will be sloped upward from Stonewall Street, with a
retaining wall along the east side of the driveway. The wall will have a
height of approximately six (6) feet at the northeast corner of the house,
decreasing as the wall runs northward to Stonewall Street.
The last requested variance is also from the fence/wall height
requirements of Section 36-516(e)(1)(a). This section allows a maximum
fence/wall height of four (4) feet between a building setback line and a
street right-of-way, and six (6) feet elsewhere on the property. The
applicant is requesting a six (6) foot high wood fence extending from the
northwest corner of the house west into the Jackson Street right-of-way.
There would be a six (6) foot high masonry wall running from the corner of
the fence southward within the Jackson Street right-of-way. The existing
three (3) foot high picket fence located between the house and Stonewall
Street will be removed.
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June 30, 2003
No.. 3 (Cont.
Staff supports the requested variances, except for the variance to allow
the six (6) foot fence and wall to extend into the Jackson Street right-of-
way. Staff believes that this type of fence/wall construction should not
extend into a street right-of-way for public safety reasons. Staff could
support the six (6) foot high fence/wall turning and running along the west
property line and not in the right-of-way. Otherwise, staff is prepared to
support the other requested variances. If approved, the applicant will
need to conform with the Public Works requirements as noted in
paragraph A. of this report. A franchise permit will need to be obtained for
any portion of the retaining wall (associated with the new driveway) which
extends into the Stonewall Street right-of-way. Additionally, any portion of
the front porch/steps area which extends into the required 25 foot front
yard setback cannot be covered or enclosed.
C. Staff Recommendations:
Staff recommends denial of the variances, as requested.
BOARD OF ADJUSTMENT: (JUNE 30, 2003)
Gary Pursell was present, representing the application. There were no objectors
present. Staff presented the item with recommendations of approval on all of the
variances, except the variance to allow the six-foot high fence to extend into the
Jackson Street right-of-way.
Gary Pursell addressed the Board in support of the application. He noted that
there were other fences and structures in the area which were close to the street
rights-of-way or possibly extended into them. This issue was briefly discussed.
He presented photos of other properties to the Board. He explained that the
reason for the proposed fence placement was to maximize the size of the
courtyard on the west side of the house.
Fred Gray expressed concern with the height of the fence and its close proximity
to Jackson Street. He noted concern with pedestrian traffic. This issue was
discussed. Chairman Ruck also expressed concern with a fence being located
in the right-of-way.
Andrew Francis discussed the Public Works Comments, specifically the
comment relating to the angle the driveway intersected with Stonewall Street. It
was noted that Stonewall dead -ended to the east, just past this property, and
that the proposed angle of intersection shouldn't be a problem.
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June 30, 2003
No.: 3 (Cont.
Mr. Pursell discussed planting shrubs and/or trees between the west property
line and the Jackson Street pavement. Staff noted that this would require a
franchise permit.
There was a motion to approve the variance for the retaining wall height along
the proposed driveway, without regard to Public Works Comment #3 (as noted in
paragraph A. of the agenda report). The motion passed by a vote of 4 ayes,
0 nays and 1 absent.
There was a second motion to approve the variance for the reduced front yard
setback for the porch and steps, subject to none of the porch and steps located
within the front 25 feet being covered or enclosed. The motion passed with a
vote of 4 ayes, 0 nays and 1 absent.
There was a third motion to approve the setback variances associated with the
trellis structure. The motion passed with a vote of 4 ayes, 0 nays and 1 absent.
There was a fourth motion to approve the height variance for the fence running
from the northwest corner of the building to the west property line. The motion
passed with a vote of 4 ayes, 0 nays and 1 absent.
The final motion was to approve the fence height variance for the fence
extending into the Jackson Street right-of-way. The motion failed by a vote of
0 ayes, 4 nays and 1 absent.
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