HomeMy WebLinkAboutZ-7387-A Staff AnalysisAPRIL 28, 2008
NO.. 2
File No.: Z -7387-A
Owner: William and Susan Roehrenbeck
Applicant: Bill Hearnsberger
Address: #5 Bent Tree Court
Description: Lot 35, Longlea Estates, Phase III -B
Zoned: R-2
Variance Requested: A variance is requested from the easement provisions of
Section 36-11 to allow construction within an easement.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
1. Public Works has no comments since the proposed improvements are
located outside of the 100 year floodplain on the existing concrete pool
deck.
B. Staff Analysis:
The R-2 zoned property at #5 Bent Tree Court is occupied by a two-story brick
and frame single family residence. There is a one -car wide driveway from
Bent Tree Court which serves as access to the residence which is located
approximately 150 feet back from the roadway. An inground pool is located
within the rear portion of the property, east of the residence. Taylor Loop
Creek is located along the north property line within a 55 foot wide easement.
There is a small drainage ditch which runs along the south property line, with a
wood fence (7-8 feet tall) on the south line. A 15 foot wide drainage and utility
easement is also located along the south property line.
The applicant proposes to make two (2) additions to the property. The first is a
12 foot by 18 foot open-air pavilion with fire place to be located along the north
APRIL 28, 2008
ITEM NO.: 2 (CON'T.
side of the existing pool area, as noted on the attached site plan. The pavilion
will be located within the existing drainage easement, outside the "high bank"
line for Taylor Loop Creek. The majority of the existing pool is located within
the drainage easement.
The second addition to the property is a 22 foot by 24 foot detached garage
located at the southeast corner of the residence. The east end of the garage
will contain a 10 foot by 14 foot room for a bathroom and stairway. The
stairway will lead to second floor storage. The proposed garage will be 1 1/2
stories in height and constructed to match the existing residence. It will be
located five (5) feet form the south side property line and 10 feet from the
residence. Approximately one-third of the proposed garage structure will be
located within the 15 foot drainage and utility easement which runs along the
south property line.
Section 36-11(f) of the City's Zoning Ordinance requires that variances to allow
encroachments into easements (drainage, utility, access or use easements) be
reviewed and approved by the Board of Adjustment. Therefore, the applicant
is requesting a variance to allow the proposed pavilion to encroach into the
Taylor Loop Creek drainage easement and the proposed garage to encroach
into the 15 foot wide drainage and utility easement located along the south
property line.
Staff is supportive of the requested easement variance. Staff views the
request as a very minor issue. The applicant has submitted sign -offs from all
the public utility companies regarding the requested easement encroachments.
Both proposed structures exceed the minimum setbacks from all property lines
as required by the Zoning Ordinance. Staff believes the proposed pavilion and
garage structures will have no adverse impact on the adjacent properties or
the general area.
C. Staff Recommendation:
Staff recommends approval of the requested easement variance, subject to
the garage structure being constructed to match the existing residence.
BOARD OF ADJUSTMENT:
(APRIL 28, 2008)
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.