HomeMy WebLinkAboutZ-7692 Staff AnalysisJULY 26, 2004
ITEM NO.: 10
File No.:
Owner:
Address:
Description:
Zoned:
Z-7692
William and Rhona Temple
20 Pebble Beach Drive
Lots 12, Block 7, Pleasant Valley Addition
N.9
Variance Requested: Variances are requested from the building line provisions
of Section 31-12 and the fence provisions of Section 36-516 to allow existing
structures which cross a platted building line and an existing fence which
exceeds the maximum height allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
Single family residential
Single family residential
The R-2 zoned property at 20 Pebble Beach Drive is occupied by a two-
story brick and frame single family residence, with an in -ground
swimming pool located in the rear yard. The property is located on the
northwest corner of Pebble Beach Drive and Roswell Court. A two -car
driveway from Roswell Court serves as access to the property. There is
an existing six (6) foot high wood fence enclosing the rear yard.
The property has a 40 foot platted building line along the front (east)
property line and along the street side (south) property line. The platted
building line narrows to 24 feet at the southwest corner of the property.
When the property was developed 28 years ago, the southwest corners
of the residence and pool structure were constructed across the platted
building line (south side). Approximately 164 square feet of the
residence and 78 square feet of the pool extend across the platted
JULY 26, 2004
ITEM NO.: 10 (Cont.
building line. Additionally, when the property was developed a six (6)
foot high wood fence was constructed to enclose the rear yard. A
portion of the fence is located between the platted building line and the
south (Roswell Court) property line, with a small portion of the fence at
the southwest corner of the property being located in the public right-of-
way.
Section 31-12( c) of the City's Subdivision Ordinance requires that
encroachments across platted building lines be reviewed and approved
by the Board of Adjustment. Section 36-516(e)(1)a. of the Zoning
Ordinance allows a maximum fence height of four (4) feet for residential
fences located between a building setback line and a street right-of-
way. A maximum fence height of six (6) feet is allowed elsewhere on
single family lots. Therefore, the applicants are requesting variances
from these ordinance standards in order to bring the property into
compliance and avoid possible future title problems.
Staff is supportive of the requested variances. Staff views the variances
as minor in nature. The principal structure and accessory pool structure
conform to the minimum ordinance required setbacks. Staff is unsure
how the structures got built 28 years ago with encroachments across
the side platted building line. Additionally, when the fence was
constructed, the current residential fence requirements were not yet in
place. Staff has no problem legitimizing the nonconforming building line
encroachments and fence height, as they have had no adverse impact
on the adjacent properties or general area since the lot was developed.
If the Board approves the building line variance, the applicant will have
to complete a one -lot replat reflecting the change in the side building
line for the single family residence and pool 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 Analysis:
Staff recommends approval of the requested variances, subject to the
following conditions:
1. Completion of a one -lot replat reflecting the change in the side
platted building line as approved by the Board.
2. A franchise must be obtained from the Public Works Department
(John Barr 371-4646) for the portion of the fence which extends into
the public right-of-way at the southwest corner of the property.
i►
JULY 26, 2004
ITEM NO.: 10 (Cont.
BOARD OF ADJUSTMENT: (JULY 26, 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 3 ayes, 0 nays and 2 absent.
3