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HomeMy WebLinkAboutZ-7734 Staff AnalysisOCTOBER 25, 2004 ITEM NO.: 9 File No.: Z-7734 Owner: Ross Phillips Address: 13 Christopher Cove Description: Lot 496, Phase VIII C, Pleasant View Subdivision Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a deck addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: Single Family Residential The R-2 zoned property at 13 Christopher Cove is currently undeveloped. However, there is an existing concrete block foundation for a house and slab for an attached garage which was constructed several years ago. For reasons unknown, the developer of the property did not finish the house. Ross Phillips, the current property owner, purchased the property with the intent of finishing the single family structure. The property slopes downward from front to back (south to north), and backs up to an apartment complex. As part of the home construction, the applicant proposes to construct a 10 foot by 20 foot deck (uncovered and unenclosed) on the rear of the structure. The deck will be located 19 to 20 feet back from the rear property line, and be 8 to 12 feet above grade. The applicant has noted that the deck will be necessary for exiting the rear of the house given the finished height of the rear exit above the grade of the rear yard. OCTOBER 25, 2004 ITEM NO.: 9 (CON'T.) Section 36-256(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for R-2 zoned property. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the proposed deck construction. Staff is supportive of the requested rear yard setback variance. Given the topography and shape of this single family lot, staff feels that the request is very reasonable. The curvature of the front property line, being at the end of a cul-de-sac, limits the amount of buildable area (depth) front to back. The lot has a 15 foot platted front building line, with the front of the garage slab being 21 feet back from the front property line. If the house were pulled up to the front property line, no variances would be needed for the proposed deck. Also, as noted earlier, the property backs up to an apartment complex. Therefore, staff believes that the proposed deck will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested rear yard setback variance, subject to the following conditions: 1. The deck structure must remain uncovered and unenclosed. 2. A building permit must be obtained for the deck construction. BOARD OF ADJUSTMENT: (OCTOBER 25, 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 4 ayes, 0 nays and 1 absent. 4