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HomeMy WebLinkAboutZ-7732 Staff AnalysisOCTOBER 25, 2004 ITEM NO.: 7 File No.: Z-7732 Owner: Mervin and Alma Walker Address: 2324 Summit Street Description: Lot 6, Block 9 Sheldon's Addition Zoned: R-4 Variance Requested: A variance is requested from the area provisions of Section 36-256 to allow a building addition with a reduced side setback. 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 Analvsis: The R-4 zoned property at 2324 Summit Street is occupied by a two- story frame single family residence. Driveways from West 24th street and the alley along the west property line serve as access to the property. The site is located on the northwest corner of Summit and West 24th Streets. The applicants recently made a 10 foot by 20 foot room addition on top of an existing deck structure at the northwest corner of the residence. The addition is located approximately 0.8 foot from the side (north) property line, as was the existing deck structure. The addition's overhang extends approximately 1.4 feet across the north side property line. The remainder of the existing deck structure (10 feet by 20 feet) is located immediately west of the addition and is unenclosed and uncovered. The property owner has noted that the deck structure was OCTOBER 25, 2004 ITEM NO.: 7 (CON'T,) in place and appeared several years old when he purchased the house in 1998. Section 36-256(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of 4.9 feet for this R-4 zoned lot. Therefore, the applicants are requesting a variance from this ordinance requirement. The existing deck/addition is located well over 40 feet from the rear (west) property line, so no rear setback variance is needed. Staff is not supportive of the variance, as requested. Although the addition only occupies 10 feet of the overall 132.5 foot lot depth, staff cannot support the structure overhanging the side property line. If the applicant were willing to reduce the addition's overhang and provide guttering inside the side property line, and obtain a letter of approval from the property owner next door (north), staff could support the side setback variance. The house on the property immediately to the north is located approximately 10 feet back from the dividing side property line. Therefore, staff feels that adequate separation would exist between the two residences. If the applicant amends the application as suggested by staff, staff feels that the building addition will have no adverse impact on the adjacent property or the general area. C. Staff Recommendations: Staff recommends denial of the requested side setback variance, as filed. BOARD OF ADJUSTMENT: (OCTOBER 25, 2004) Staff informed the Board that the applicant, Mr. Walker, revised the application to reduce the overhang and provide guttering, all on his side of the side property line. He also provided a letter from the property owner to the north approving the building addition. Staff recommended approval of the revised application, subject to the overhang being reduced and guttering being installed (all on Mr. Walker's property) within 30 days. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved, as revised and recommended by staff, by a vote of 4 ayes, 0 nays and 1 absent.