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HomeMy WebLinkAboutZ-7523 Staff AnalysisDecember 22, 2003 ITEM NO.: B File No.: Z-7523 Owner: G & S Builders, Inc. Address: 10,000 Yellowpine Lane Description: Lot 75, Tall Timber West, Phase II Zoned: R-2 Variance Requested: Variances are requested from the area and building line provisions of Sections 36-254 and 31-12 to allow a front porch addition with a reduced setback and which extends across a platted building line. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residence (under construction) Single Family Residential A new single family residential structure is currently under construction on the R-2 zoned lot at 10,000 Yellowpine Lane. The property is located at the northwest corner of Yellowpine Lane and Timberland Drive. There will be a two -car driveway from Yellowpine Lane to serve as access to the property. There is a drainage easement along the north property line, and a 25 foot platted building line along the north and south property lines. The covered front porch of the new structure will extend approximately four (4) feet across the platted building line along Yellowpine Lane, for a front setback of 21 feet. December 22, 2003 ITEM NO.: B (Cont. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front yard setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that variances for encroachments over platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance requirements. Staff is supportive of the requested variances. Staff feels that the proposed encroachment across the platted building line and the 21 foot front setback are reasonable. The unusual pie -shape of the lot with platted building lines along the north and south property lines provides a relatively small buildable area, as compared to other lots within this subdivision. Staff feels that the proposed front setback will have no adverse impact on the adjacent properties or the general area. 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 structure. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendations: Staff recommends approval of the requested variances, subject to the following conditions. 1. Completion of an one -lot replat reflecting the change in the front platted building as approved by the Board. 2. The porch structure must remain unenclosed on the south, east and west sides. BOARD OF ADJUSTMENT: (OCTOBER 27, 2003) The applicant was not present. There were three (3) persons present in opposition. Staff recommended deferral of the item to the November 24, 2003 Agenda since the applicant was not present. A motion was made to defer the item to the November 24, 2003 Agenda. The motion passed by a vote of 5 ayes and 0 nays. The application was deferred. Gary Rogers opposed the deferral of the item and explained. Staff noted that the applicant would be given the phone numbers of the persons present and directed to have a meeting with them to discuss their concerns. There was a brief additional discussion of the deferral issue. 2 December 22, 2003 ITEM NO.: B (Cont. BOARD OF ADJUSTMENT: (NOVEMBER 24, 2003) Bill Greenwood was present, representing the application. There were two (2) objectors present. Staff presented the item with a recommendation of approval. Bill Greenwood addressed the Board in support of the application. Chairman Ruck asked Mr. Greenwood if he was the builder. Mr. Greenwood stated that he was and had built approximately 50 homes in this subdivision. Chairman Ruck asked if the proposed home layout was best for the lot. Mr. Greenwood explained that it was the only way to fit the house on the lot, based on the irregular lot shape. He presented photos to the Board showing the house under construction. The photos were briefly discussed. Fred Gray asked if the house could be moved back. Mr. Greenwood stated that it could not be moved back and explained that a power pole was in the way. This issue was briefly discussed. Mr. Greenwood stated that the house would be more compatible with the neighborhood if it had a covered deck. Gary Rogers, president of the Tall Timber West Neighborhood Association, addressed the Board in opposition. He presented a petition of opposition to the Board. He expressed concerns with the type of people who would live at this location. He noted that the variances requested were against the neighborhood's bill of assurance. He noted that the house would have the appearance of being closer to the street than the other houses in the area. He noted that the new house would depreciate the value of other homes in the area. Chairman Ruck noted that a covered porch on the house would be an asset to the neighborhood. This issue was briefly discussed. Chairman Ruck asked Mr. Rogers if he would prefer a concrete porch with no cover. Mr. Rogers noted that he would not make a decision for the Board. Vice - Chairman Richburg noted that a building permit was issued for the house without a covered front porch. Staff noted that the footprint of the house conformed to ordinance standards and the construction was allowed to proceed. Kelly Hollis also addressed the Board in opposition. He noted that the house was constructed after the variance had been applied for. There was additional discussion related to the front porch issue. There was a motion to approve the application as recommended by staff. The motion was briefly discussed. Andrew Francis stated that he thought the variance was best for the neighborhood and explained. The Chairman called for a vote on the motion. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the December 22, 2003 agenda. 3 December 22, 2003 ITEM NO.: B (Cont. BOARD OF ADJUSTMENT: (DECEMBER 22, 2003) Bill Greenwood was present, representing the application. There was one (1) person present in opposition. Staff presented the item with a recommendation of approval with conditions. Bill Greenwood addressed the Board in support of the application. He discussed the unusual shape of the lot and the distance the new house is located from the intersection of Yellowpine Lane and Timberland Drive. He presented photos of the property to the Board. He also presented photos of the same house design on another lot within the Subdivision. The photos were discussed. Terry Burruss asked if there was an architectural review committee for the subdivision. Mr. Greenwood indicated that there was not, but that he had a meeting with the neighbors and explained. Preston Johnson addressed the Board in support of the application. He noted that a porch on the house would be an asset to the neighborhood. Gary Rogers addressed the Board in opposition. He noted that a large number of neighbors were not in favor of the variances. In response to a question from Chairman Ruck, Mr. Rogers indicated that the majority of the people who signed the petition were against the variances. Chairman Ruck asked if the people in the neighborhood understood the issues. Mr. Rogers indicated that they did. Chairman Ruck noted that he thought the porch would be best for the neighborhood. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes and 2 nays. The application was approved. 4