HomeMy WebLinkAboutZ-7485 Staff AnalysisSeptember 29, 2003
ITEM NO.: 5
File No.:
Owner:
Address:
Description:
Zoned:
Z-7485
R. C. and Linda Fason
3012 Hinson Road
Lot 913, Longlea Addition (Phase IX)
M
Variance Requested: A variance is requested from the easement
provisions of Section 36-11 to allow for
construction of a swimming pool over a
drainage easement.
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 Residential
Single Family Residential
1. The proposed swimming pool crosses a platted floodway easement,
however, the 8' intrusion will not interfere with Public Works
maintenance activities in the floodway.
B. Staff Analysis:
The R-2 zoned property at 3012 Hinson Road is occupied by a two-story
brick and frame single family residence. There is a circular drive from
Hinson Road which serves as access. A rather wide drainage easement
(approximately 125 feet wide) is located along the rear of the property. A
portion of the rear yard, including part of the drainage easement, is
enclosed with a wood privacy fence.
The applicants propose to construct a 16 foot by 35 foot in -ground
swimming pool within the fenced rear yard area. The pool would be
located approximately eight (8) feet back from a covered deck which is
September 29, 2003
1TEM NO.: 5 Cont.
located on the rear (southwest corner) of the single family residential
structure. The pool would extend approximately eight (8) feet into the
existing drainage easement.
Section 36-11(f) of the City's Zoning Ordinance reads as follows:
"(f) No building or structure as defined in this chapter shall
be erected, converted, reconstructed or structurally altered
that encroaches on, over or into any easement. This
includes drainage, utility access or use easements within
the boundary of any lot of record, platted or otherwise
established. For purposes of fence placement within
easements, fences shall not be construed to be a building
or structure."
Therefore, the applicants are requesting a variance from this ordinance
requirement, to allow construction of the pool which extends into the
drainage easement.
Staff is supportive of the requested variance. The pool will extend only
eight (8) feet into a drainage easement which is well over 100 feet in
width. As noted in paragraph A. of this report, the Public Works
Department notes that the proposed pool will not interfere with Public
Works maintenance activities in the floodway. Therefore, staff feels that
the proposed pool will have no adverse impact on the drainage easement,
the adjacent properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested easement variance, as filed.
BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
Staff informed the Board that the applicant had slightly revised the application by
adding a small outdoor fireplace within the patio area surrounding the pool. Staff
noted that the fireplace would be within the drainage easement. Staff supported
the revision to the application.
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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