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HomeMy WebLinkAboutZ-7567 Staff AnalysisJanuary 26, 2004 ITEM NO.: 5 File No.: Z-7567 Owner: Thomas and Leigh Ann Brannon Address: #2 Mossy Rock Cove Description: Lot 27, Block 2, Woodland's Edge Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254, the building line provisions of Section 31-12 and the easement provisions of Section 36-11 to allow a front porch and steps with a reduced front setback and which cross a front platted building line and extend into an easement. 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 #2 Mossy Rock Cove is occupied by a two- story brick and frame single family residence which was recently constructed. There is a two -car drive from Woodsgate Drive which serves as access. The property slopes downward from west to east. The front porch of the newly constructed house extends approximately one (1) foot across the front 25 platted building line. The covered front porch ranges from approximately seven (7) feet to approximately 12 feet January 26, 2004 EM NO.: 5 (Cont. above the finished grade of the property. There is a temporary wooden step structure extending off the west end of the porch structure, behind the 25 foot front platted building line. The applicants are proposing to construct a wooden step and landing structure, extending from the center of the front porch toward the front property line. The step and landing structure will be located entirely within the required 25 foot front setback. The structure will be set back approximately four (4) feet from the front property line and 14 feet from the curb of Mossy Rock Cove. The step structure will also extend into an easement which runs along the front property line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that encroachments over platted building lines be reviewed and approved by the Board of Adjustment. Additionally, Section 36-11(f) also requires that encroachments into easements be reviewed and approved by the Board. Therefore, the applicants are requesting variances from these ordinance standards to allow the encroachments associated with the existing front porch and the proposed step and landing structures. Staff supports the variances associated with the existing front porch, but not the proposed wooden step and landing structure. Staff feels that the proposed step structure is located too close to the front property line, and is out of character with the other houses along Mossy Rock Cove to the east, which conform to the front setback requirements. Additionally, staff feels that there are likely to be utility lines located within the 10 foot wide easement which runs along the front property line. Staff feels that a viable option would be to construct a permanent step structure at the west end of the front porch where the temporary step structure is located, with a sidewalk leading to the existing driveway. -This could be done with the entire step structure located behind the front platted building line. Staff feels that the proposed step and landing structure will have an adverse visual impact on the properties along Mossy Rock Cove and the general area. If the Board approves the building line variance, the applicants will have to complete a one -lot replat reflecting the changes in the front building line for the porch and/or step and landing 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. Additionally, if the Board approves the easement encroachment, the applicants must submit letters from each of the five (5) public utility companies approving of the encroachment. 2 January 26, 2004 .: 5 (Cont. C. Staff Recommendations: Staff recommends approval of the requested variances associated with the existing porch structure, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. Staff recommends denial of the requested variances associated with the proposed step and landing structure. BOARD OF ADJUSTMENT: (JANUARY 26, 2004) Thomas Brannon and Gary Washum were present; representing the application. There were no objectors present. Staff presented the application, with a recommendation of approval of the variances associated with the porch structure and denial of the variances for the step and landing structure. Gary Washum addressed the Board in support of the application. He described the proposed step and landing structure. He stated that the step and landing structure would extend 14 to 15 feet out from the porch and would not be located within the 10 foot easement along the front property line. He submitted a letter from Ron Tyne, the subdivision developer, approving the requested variances. Vice -Chairman Richburg asked if the step and landing structure would be constructed of wood or brick. Mr. Washum stated that it would be a painted wood structure which would match the siding on the house. There was a brief discussion related to the step and landing structure. Vice - Chairman Richburg asked if a landing with steps extending to the side(s) was considered. Mr. Washum stated that a landing could extend 10 to 11 feet across the platted building line with steps to the side. There was additional discussion of this issue. Thomas Brannon addressed the Board and provided photos of other houses with step and landing structures as examples of possible alternatives. Staff noted that a step and landing structure with steps extending to one or both sides, and extending no more than 10 feet (entire structure) over the 25 foot platted building line would be supported. Terry Burruss indicated support of this staff recommendation. There was additional discussion related to possible options for the step and landing structure. Chairman Ruck, Vice -Chairman Richburg and Andrew Francis all indicated support for the option as supported by staff. 3 January 26, 2004 ITEM NO.: 5 (Cont. Mr. Brannon revised the application to have the step and landing extend no more than 10 feet over the platted building line, resulting in a 15 foot front yard setback. There was a motion to approve the application as revised by the applicant, with the following conditions: 1. Completion of a one -lot replat reflecting the changes in the front platted building line as approved by the Board. 2. The step and landing structure must be located at least 15 feet back from the front property line. 3. The step and landing structure must remain unenclosed and uncovered. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved. 4