HomeMy WebLinkAboutZ-7554 Staff AnalysisDecember 22, 2003
ITEM NO.: 6
File No.: Z-7554
Owner: Lanette and James Beard
Address: 5510 Sherwood Road
Description: Lots 152, 153 and 154,
Prospect Terrace Addition
Zoned: R-2
Variance Requested: Variances are requested from the area
provisions of Section 36-254 and the fence
provisions of Section 36-516 to allow a
building addition with a reduced side yard
setback and a brick wall which exceeds the
maximum height allowed.
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 Residential
Single Family Residential
The R-2 zoned property at 5510 Sherwood Road is occupied by a two-
story brick and frame single family residence. There is a small circular
drive at the southwest corner of the property and a two -car drive from
Edgewood Road which serve as access.
The applicant proposes to construct a 15 foot by 20 foot sunroom addition
(one-story) at the southeast corner of the existing residence. The addition
will be located 37 feet from the front (south) property line and
approximately six (6) feet from the side (east) property line. Section
December 22, 2003
ITEM NO.: 6 (Cont.)
36-254(d)(2), of the City's Zoning Ordinance, requires a minimum side
yard setback of eight (8) feet, based on the fact that the house sits on
three (3) platted lots with an average combined lot width of 90 feet.
Therefore, the applicant is requesting a variance from this ordinance
standard.
Additionally, the applicant recently constructed a masonry wall around the
perimeter of the site, as shown on the attached site plan. The brick wall
varies in height, based on the slope of the property. The wall height
ranges from approximately four (4) feet at the northeast corner of the
property to approximately eight (8) feet at the northwest property corner.
The majority of the wall is from 6 feet to 6 feet — 8 inches in height. Brick
columns exist approximately every 12 feet and are two (2) feet higher than
the wall height.
Section 36-516(e)(1)a., of the City's Zoning Ordinance, requires that
fences/walls located between a building setback and a street right-of-way
have a maximum height of four (4) feet. Other fences/walls may be
erected to a maximum height of six (6) feet. Therefore, the applicant is
requesting a variance for the increased height associated with the newly
constructed wall.
Staff supports the side yard setback variance associated with the
proposed sunroom addition. The setback variance is very minor, and will
not be out of character with other structures in the neighborhood. The
individual platted lots are approximately 50 feet in width, which would
allow a five (5) foot side yard setback if the lots were developed
individually. The sunroom addition should have no adverse impact on the
adjacent property or the general area.
Staff does not support the variance associated with the height of the
newly constructed masonry wall. The wall was constructed without a
permit or approval from the City. Staff feels that the portions of the
masonry wall located between the building setbacks and the street rights-
of-way are out of character with the neighborhood. These types of walls
are not typical of the general area. Although staff has no problem with the
interior wall heights (along the east side property line), staff feels that the
wall sections located between the platted building lines and the street
rights-of-way have an adverse visual impact on the adjacent properties.
C. Staff Recommendations:
Staff recommends approval of the requested side yard setback variance,
subject to a building permit being obtained for the construction.
Staff recommends denial of the requested fence/wall height variance.
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December 22, 2003
ITEM NO.: 6 (Cont.
BOARD OF ADJUSTMENT:
(DECEMBER 22, 2003)
Mark Stodola and Lanette and James Beard were present, representing the
application. There were no objectors present. Staff presented the application
with a recommendation of approval of the requested side yard setback variance
and denial of the variance for increased wall height.
Mark Stodola addressed the Board in support of the application. He noted that
the height of the masonry wall varied based on the topography of the property
and which side of the wall the height was measured. He described other
fences/walls in the area which exceeded the maximum height allowed, and
presented photos of these properties. He noted that the Beard's fence
contractor walk off the job before it was finished.
Chairman Ruck asked if any objection had been received from the neighbors.
Mr. Stodola noted that there had been no objection and explained. Staff noted
that one (1) phone call had been received from an adjacent neighbor who
expressed no opposition.
Terry Burruss asked what was on the property across the street to the west.
Mr. Stodola noted that it was only wooded. The landscaping of the property was
briefly discussed.
Fred Gray asked about the contractors who had walked off the job. Mr. Beard
noted that the contractor had moved. He stated that he thought the contractor
had obtained all of the appropriate building permits.
Terry Burruss asked if the wall caused a sight -distance problem at the corner of
Edgewood and Wildwood Roads. Steve Haralson, of Public Works, indicated
that it created no problems.
There was a motion to approve the application. The motion passed by a vote of
4 ayes, 0 nays and 1 recusal (Francis).
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