HomeMy WebLinkAboutZ-7656 Staff AnalysisJUNE 28, 2004
ITEM NO.: 8
File No.: Z-7656
Owner: Josie Company, LLC
Address: 7 Wellington Colony Drive
Description: Lot 4, Block 13, The Villages of Wellington
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of
Section 36-254 and the building line provisions of Section 31-12 to allow a new
house with a reduced front setback and which crosses a platted building line.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 7 Wellington Colony Drive is occupied by a
two-story brick single family residence which was recently constructed.
There is a two -car driveway from Wellington Colony Drive which serves
as access. As with the previous application (Item #7 on this agenda),
the property owner recently obtained an as -built survey of the property
and realized that the garage portion and step structure of the new
house had been constructed approximately 9 to 9.5 feet across the front
25 foot platted building line, resulting in a 15.5 to 16 foot front setback.
The city's building inspectors did not recognize the problem on several
inspections, beginning with the footings. It appears that setback
measurements were taken from the curb, not the front property line.
JUNE 28, 2004
ITEM NO.: 8 (Cont.
Section 31-12( c) of the City's Subdivision Ordinance requires that
variances for encroachments across platted building lines be reviewed
and approved by the Board of Adjustment. Additionally, Section 36-
254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for principal structures in R-2 zoning. Therefore, the
applicant is requesting variances from these ordinance standards to
allow the single family residence which crosses the front platted building
line and has a reduced front setback.
Staff is supportive of the requested variances. Staffs support is based
primarily on the fact that the property is located between two (2) curves
within Wellington Colony Drive. Because of the street curvature, the
residence does not have the appearance of being out of line with the
existing structures to the east and west. Staff feels that the single
family residence is compatible with the neighborhood. In staffs opinion,
the residence as constructed has 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 single family residence. 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 Recommendation:
Staff recommends approval of the requested building line and setback
variances, subject to completion of a one -lot replat reflecting the change
in the front platted building line as approved by the Board.
BOARD OF ADJUSTMENT: (JUNE 28, 2004)
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 5 ayes and 0 nays.
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