HomeMy WebLinkAboutZ-7495 Staff AnalysisOctober 27, 2003
ITEM NO.: 4
File No.: Z-7495
Owner: Andrea W. Van Deventer
Address: 3015 Circlewood Drive
Description: Lot 167, Kingwood Place Addition
Zoned: R-2
Variance Requested: Variances are requested from the area and
building line provisions of Sections 36-156,
36-254 and 31-12 to allow a porch addition
and carport with reduced setbacks and
which cross a platted building line.
Justification:
Present Use of Property
Proposed Use of Property:
STAFF REPORT
I
Public Works Issues:
No Comments.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Single Family Residential
Single Family Residential
The R-2 zoned property at 3015 Circlewood Drive is occupied by a
one-story brick and frame single family structure. There is a one -car
driveway from Circlewood Drive which serves as access. There is a 30
foot front platted building line on the property. The existing steps leading
to the home's front porch extend across the platted building line by
approximately four (4) feet.
The applicant proposes to construct a new 12 foot by 18.3 foot covered
porch (unenclosed) on front of the house. The porch will have steps and
a new walk leading to the front property line. The porch will be located 22
feet from the front property line, extending eight (8) feet across the platted
October 27, 2003
ITEM NO.: 4 (Cont.
building line. The steps will be located approximately 17 feet back from
the front property line.
The applicant also proposes to construct a 10 foot by 10 foot detached
carport structure (unenclosed) just off the southwest corner of the existing
house, covering a portion of the existing driveway. The carport will be
located 21.5 feet back from the front property line, with no setback from
the side (south) property line.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum
25 foot front setback for principal structures. Section 36-156(a)(2)c.
requires a minimum 60 foot front setback for accessory structures, with
Section 36-156(a)(2)f. requiring a minimum three (3) foot side yard
setback. Section 31-12(c) of the City's Subdivision Ordinance requires
that platted building line encroachments be reviewed and approved by the
Board of Adjustment. Therefore, the applicant is requesting variances
from these ordinance standards for the proposed carport and porch
construction.
Staff supports the front setback and building line variances associated
with the proposed porch construction. Staff views the proposed porch
construction as reasonable, as there are other structures in the area with
front setbacks less than 30 feet. Additionally, given the fact that the
property is located within a curve, the house with new porch will not have
the appearance of being much, if any, closer to the street than the house
to the south.
Staff also could support a reduced setback for a carport structure with the
same reasoning, if it were attached to the house. However, staff cannot
support the 0 foot side setback for the carport structure as proposed.
Staff feels that the applicant should explore attaching the carport structure
to the house, with adjustments made to the driveway, providing an
increased side yard setback. Even though the carport structure is
unenclosed, some side setback is needed to allow the construction and
maintenance of the structure without encroaching onto the property to the
south.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the front building line for
the proposed porch and carport structures. The applicant should review
the filing procedure with the Circuit Clerk's office to determine if the replat
requires a revised Bill of Assurance.
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October 27, 2003
ITEM NO.: 4 (Conti _
C. Staff Recommendations:
Staff recommends denial of the variances associated with the proposed
carport structure.
Staff recommends approval of the variances associated with the proposed
porch structure, subject to completion of a one -lot replat reflecting the
change in the front building line as approved by the Board.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2003)
Andrea Van Deventer was present, representing the application. There was one
(1) person present in opposition. Staff presented the item, noting that the
application had been revised to move the proposed carport back and attach it to
the side of the house. Staff noted that the only variance associated with the
revised carport location was a minor side yard setback variance (6 feet
proposed, 6.75 feet minimum required). Staff recommended approval of the
application, as revised, subject to completion of a one -lot replat reflecting the
change in the front platted building line for the proposed porch structure.
Andrea Van Deventer addressed the Board in support of the application. She
explained the proposed additions, and the reasons for needing the additions and
variances. Chairman Ruck asked if it would be a problem to move the driveway
for the new carport location. Ms. Van Deventer indicated that it would be no
problem.
Ms. Van Deventer explained that visually the proposed porch addition would not
adversely affect the area. She explained that the porch would be designed to
enhance the existing home's architecture.
There was a brief discussion concerning the sidewalk from the porch to the
driveway.
Chairman Ruck asked if the porch would be enclosed. Ms. Van Deveneter
stated that it would not be enclosed and explained.
Steve Anderson addressed the Board in opposition. He explained that the
homes along Circlewood Drive do not have porches that are located close to
front property lines. He stated that the proposed porch addition would adversely
affect his view and explained. He explained that he was not opposed to the
revised carport location.
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October 27, 2003
ITEM N
There was further discussion related to the proposed porch location and its
appropriateness within the neighborhood.
Andrew Francis asked if the porch could be moved or reduced in size to
Mr. Anderson's satisfaction. Mr. Anderson stated that he was not prepared to
answer and compromise. There was additional discussion related to the porch
addition.
Staff added a condition to "staff recommendation" that the proposed porch
remain unenclosed.
Chairman Ruck asked Ms. Van Deventer if a reduction in the size of the
proposed porch could be made. Ms. Van Deventer stated that a 12 -foot deep
porch would be appropriate to the design of the house. There was additional
discussion related to the size of the proposed porch. Ms. Van Deveneter stated
that she would amend her application and reduce the depth of the proposed
porch to 10 feet.
There was additional discussion related to the location of the porch and the view
from the adjacent property.
There was a motion to approve the variances associated with the porch addition
as revised by the applicant (porch size reduced to 10 feet by 18.3 feet). The
motion was passed by a vote of 4 ayes and 1 nay.
A second motion was made to approve the side yard setback variance
associated with the revised carport location, subject to the carport remaining
unenclosed. The motion passed by a vote of 5 ayes and 0 nays.
There was a third motion to add the following conditions to the proposed porch
addition:
1. A one -lot replat must be completed reflecting the change in the front
platted building line as approved by the Board.
2. The porch addition must remain unenclosed.
The motion was passed by a vote of 5 ayes and 0 nays.
rd