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HomeMy WebLinkAboutZ-7533 Staff AnalysisNovember 24, 2003 ITEM NO.: 5 File No.: Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: Z-7533 David McCullough and Martha Ann Nixon 923 N. Spruce Street Lot 14 and part of Lot 13, Block 62, Pulaski Heights Addition R-2 A variance is requested from the area provisions of Section 36-254 to allow a building addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential 1. Remove the fence from the right-of-way of Hillcrest or obtain a franchise agreement from Public Works for the improvements located in the right-of-way. B. Staff Analysis: The R-2 zoned property at 923 N. Spruce Street (southeast corner of N. Spruce Street and Hillcrest Avenue) is occupied by a two-story frame and stucco single family residence. There is a one -car driveway from Hillcrest Avenue which serves as access. There is an alley along the east property line. There is a six (6) foot high wood fence which encloses the rear yard and extends approximately five (5) feet into the right-of-way of Hillcrest Avenue. November 24, 2003 ITEM NO.: 5 (Cont. The applicants propose to construct a 720 square foot building addition on the east end (rear) of the existing residence. The addition will be one- story in height and be located two (2) feet back from the side (north) property line and 42 feet from the rear (east) property line. The addition will house additional living space and be constructed to match the existing structure's exterior. The addition will be located entirely within the existing fenced rear yard area. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 6.1 feet for this R-2 zoned lot. Therefore, the applicants are requested a variance to allow the building addition with a two (2) foot side (north) yard setback. Staff supports the requested side yard setback variance. Given the unusual triangular shape of the lot, staff feels that the requested variance is reasonable. Additionally, the proposed addition will have a corner relationship with the side (north) property line, with only approximately 20 square feet of the addition being between the required side setback and the side property line. The proposed building addition and side setback will not be out of character with the general area. The Board of Adjustment recently approved a similar two (2) foot side yard setback for a garage structure on the lot immediately to the east at the southwest corner of N. Palm Street and Hillcrest Avenue. Staff feels that the proposed building addition will have no adverse impact on the adjacent property or the general area. C. Staff Recommendations: Staff recommends approval of the requested side yard setback variance, subject to the following conditions: 1. Obtain a franchise permit for the existing fence located in the Hillcrest Avenue right-of-way or remove the fence from the right-of-way. 2. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (NOVEMBER 24, 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. 2