HomeMy WebLinkAboutZ-7486 Staff AnalysisSeptember 29, 2003
ITEM NO.: 6
File No, Z-7486
Owner: Judith G. Baldwin
Address: 5501 Stonewall Road
Description: Part of Lots 1 and 2, Block 22,
Newton Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Section 36-254 to allow the
construction of a new single family
residence.
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:
No Comments.
B. Staff Analysis:
The R-2 zoned property at 5501 Stonewall Road (southwest corner of
Stonewall Road and N. Polk Street) is occupied by a one-story frame
single family residence. There is a driveway from Stonewall Road which
serves as access. The property owners recently petitioned the Planning
Commission and City Board to abandon the west 15 feet of excess Polk
Street right-of-way and the south 15 feet of the excess Stonewall Road
right-of-way. The abandonment was requested to gain extra yard area for
the development of a new house, which would comply with the setbacks
for R-2 zoning. At the request of staff, the applicant withdrew the
Stonewall abandonment request. The Polk Street abandonment was
approved by the Planning Commission on August 7, 2003 and is currently
September 29, 2003
NO.: 6 (Cont.
on the Board of Directors' October 7, 2003 agenda. Staff noted at the
Planning Commission level that construction of a new residence with the
same setback from Stonewall Road as the existing residence would be
supported at the Board of Adjustment level.
The property owners request to remove the existing house and construct
a new one-story residence, as noted on the attached site plan. The
proposed residence will have the same 15 foot front setback from the
north property line (Stonewall Road) as the existing structure. A 22.5 foot
setback is proposed from the east (Polk Street) property line (after right-
of-way abandonment). The structure will have eight (8) foot side and rear
yard setbacks.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum
front yard setback of 25 feet. Section 36-254(d)(3) notes that when
providing 25 foot setbacks along both street side property lines of a corner
lot, the rear setback can be reduced to eight (8) feet. Therefore, the
owners are requesting variances from the required 25 foot front and
exterior side setbacks.
Staff is supportive of the requested variances. The proposed 15 foot front
yard setback will essentially line up with other single family structures
along Stonewall Road east of N. Taylor Street. The proposed 22.5 foot
exterior side setback will not be out of character with other exterior side
setbacks or other corner lots in the Heights area. Staff views the proposal
as reasonable, as the lot is smaller than most of the other lots in the area.
Staff feels that the proposed residence will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested setback variance, subject to
the Board of Directors approving the abandonment of the west 15 feet of
Polk Street adjacent to this lot.
BOARD OF ADJUSTMENT: (SEPTEMBER 29, 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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