HomeMy WebLinkAboutZ-7406 Staff AnalysisMay 28, 2003
File No.: Z-7406
Owner: Joel and Kathy Gladden
Address: 29 Inverness Circle
Description: Lot 8, Block 12, Pleasant Valley Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Section 36-254 and the fence
provisions of Section 36-516.
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Anal sis:
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The R-2 zoned property at 29 Inverness Circle is occupied by a two-story
brick and frame single family residence. There is a two -car driveway from
Inverness Circle which serves as access. The property slopes downward
from south to north (back to front).
The property owner recently began constructing a deck along the east
side of the existing residence. The Enforcement Staff issued a stop -work
order when it was determined that the deck was too close to the side
property line. It was later determined that the partially constructed deck
actually crossed the east side property line by approximately 2 '/ feet.
The deck which the applicant began constructing is at grade along the
south end, with the northeast corner of the deck being approximately four
May 28, 2003
Item No.: 8 Cont.
C
(4) feet above grade due to the slope of the property. The applicant also
proposes to construct a six (6) foot high wood fence on top of the deck,
along the deck's north and east sides. The fence will be approximately at
grade at the southeast corner of the deck and approximately 10 feet
above grade at the northeast corner. The deck has been designed and
constructed around an existing tree. None of the deck area will be
covered.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum
side yard setback of eight (8) feet. Section 36-516(e)(1) allows a
maximum fence height of six (6) feet. Therefore, the applicant is
requesting variances from these ordinance requirements. Staff is
requiring the fence variance due to the fact that the overall fence height at
the northeast corner will be 10 feet as viewed from the adjacent property
to the east.
Staff is supportive of the requested variances. Staff feels that the
proposed deck will be a reasonable solution to the current drainage
problem which exists along the east side of the house. Staff views the
setback variance as minor. The rear section of the deck is at grade, with
the northeast deck corner being only approximately four (4) feet above
grade. If the entire deck were at grade, no setback would be required.
Additionally, only a small portion of the proposed fence will extend above
the six (6) foot maximum requirement. Staff also feels that this request is
reasonable. Staff feels that the proposed deck/fence construction will
have no adverse impact on the adjacent property or general area.
The owner, Joel Gladden, has informed staff that he is working with the
property owner to the east on doing a replat to move the dividing lot line to
follow the existing cross -tie drainage structure (as noted on the attached
site plan). This would place the east side of the deck on the property line.
The replat will need to be completed before a building permit can be
issued and construction can resume.
Staff Recommendations'.
Staff recommends approval of the requested setback and fence height
variances, subject to the following conditions:
1. Completion of a replat (moving the east property line) within 60 days.
2. No further construction will be allowed until the replat is completed and
building permit issued.
3. No portion of the deck is to be covered.
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May 28, 2003
Item No.: 8 (Co
BOARD OF ADJUSTMENT: (MAY 28, 2003)
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 4 ayes, 0 nays and 1 absent.
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