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HomeMy WebLinkAboutZ-7747 Staff AnalysisJUNE 27, 2005 ITEM NO.: B File No.: Z-7747 Owner: Jenny Smith Address: 5804 Scenic Drive Description: Lot F, Block 3, East Palisades Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition 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 Proposed Use of Property: STAFF REPORT A. Public Works Issues: Single Family Residential Single Family Residential 1. Because of the potential for future interference with utility and maintenance operations, Public Works recommends against a zero setback from the right-of-way line. B. Staff Analysis: The R-2 zoned property at 5804 Scenic Drive is occupied by a one-story brick and frame single family residence with finished basement level. The property slopes downward from front to back (south to north) and side to side (west to east). A circular driveway from Scenic Drive serves as access. The applicant proposes to construct a 9 foot by 14 foot porte-cochere on the front of the house, covering a portion of the circular drive. The proposed porte- cochere will extend to the front property line with a zero front setback. There is a small landscaped area immediately south of the proposed porte-cochere within the street right-of-way. The porte-cochere will be unenclosed on the JUNE 27, 2005 ITEM NO.: B (CON'T.) _ south, east and west sides. Additionally, this R-2 zoned lot contains a 20 foot front platted building line, which the proposed porte-cochere encroaches upon. 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 variances for encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed porte-cochere addition with a reduced front setback and which crosses a platted building line. Staff is not supportive of the requested variances. Staff does not view the request as reasonable. As noted in paragraph A. of this report, Public Works notes that the proposed zero front setback would result in the potential for future interference with utility and Public Works street maintenance operations. Additionally, staff's inspection of the area resulted in the observation of no similar encroachments on the single family lots on the north side of Scenic Drive east and west of this property. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the proposed porte-cochere. 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 denial of the requested front setback and building line variances. BOARD OF ADJUSTMENT: (NOVEMBER 29, 2004) The applicant was not present. Staff recommended deferral of the application to the December 20, 2004 Agenda. A motion was made to defer the application to the December 20, 2004 Agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. K, JUNE 27, 2005 ITEM NO.: B (CON'T. BOARD OF ADJUSTMENT: (DECEMBER 20, 2004) Jenny Smith was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Jenny Smith addressed the Board in support of the application. She stated that she would agree to remove the porte-cochere structure if the city or utilities had to work in the area. She noted that there was no other place on the property for covered parking. She explained that the porte-cochere was needed for sheltered parking and security. She referred to other structural encroachments in the area. Chairman Gray expressed concern with the proposed encroachment to the front property line. He stated that he would have a hard time supporting the variances as proposed. He stated that he could possibly support an amended application, moving the structure further back from the front property line. The issue of amending the application was discussed. Ms. Smith noted that she might need additional time to consider possible alternatives. Vice -Chairman Francis also expressed concern with the proposed encroachment. He noted that he would support a five (5) foot front setback and explained. Chris Wilbourn concurred with Gray and Francis. He explained that the proposed porte-cochere structure could be moved back from the front property line, and maintain the same structural appearance. Ms. Smith noted that she wished to defer the application. A motion was made to defer the application to the January 31, 2005 Agenda. The motion passed by a vote of 5 ayes and 0 nays. The application was deferred. BOARD OF ADJUSTMENT: (JANUARY 31, 2005) Jenny Smith was present, representing the application. There were no objectors present. Staff presented the application, noting that Ms. Smith had indicated that she would like to amend the application. Staff noted that Ms. Smith would need to present the change(s) to the Board. Jenny Smith addressed the Board in support of the application. She noted that she had drawings indicating a five (5) foot front setback, but wished to request a two (2) foot front setback, and explained. She explained that a five (5) foot front setback would not allow her room to open her car door under the porte-cochere. The issue of a two (2) foot front setback was briefly discussed. 3 JUNE 27, 2005 ITEM NO.: B (CO Vice -Chairman Francis noted that he had a problem with the proposed two (2) foot front setback, with building construction in the Master Street Plan required right-of- way. Chairman Gray concurred with Mr. Francis and explained. The issue was discussed further. Ms. Smith noted that she would be willing to draft an agreement to remove the structure if future work was needed within the future right-of-way area. Chris Wilbourn noted that he could support an overhang into the front five (5) feet of the lot. Terry Burruss concurred with Mr. Wilbourn. The issue of a five (5) foot front setback to the columns, with a one (1) foot overhang into the front five (5) feet was discussed (4 foot front setback to overhang). Mr. Francis asked about the possible future impact on the City if the overhang were allowed within the Master Street Plan required right-of-way. The issue was briefly discussed. Ms. Smith indicated that she wished to defer the application to allow time to explore her options and have a full Board membership present. Staff noted that it could be the May agenda before a full Board would possibly be present. There was a motion to defer the application to the May 23, 2005 agenda. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was deferred. BOARD OF ADJUSTMENT: (MAY 23, 2005) Staff informed the Board that the applicant requested to defer the application to the June 27, 2005 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the June 27, 2005 Agenda by a vote of 4 ayes, 0 nays and 1 absent. BOARD OF ADJUSTMENT: (JUNE 27, 2005) Jenny Smith was present, representing the application. There were no objectors present. Staff presented the item with a recommendation of denial. Staff noted that a five (5) foot front setback would be acceptable and explained. Jenny Smith addressed the Board in support of the application. She explained that Staff's suggested front setback would not work. She stated that a two (2) foot front setback could be provided and amended the application accordingly. 51 JUNE 27, 2005 ITEM NO.: B (CON'T. There was a brief discussion of the Master Street Plan required right-of-way for Scenic Drive. Staff noted that the Master Street Plan called for an additional five (5) feet of future right-of-way for this lot. Chairman Francis explained that he could not support an encroachment into the Master Street Plan required right-of-way. There was additional discussion of this issue. Chris Wilbourn and Terry Burruss stated that a two (2) foot front setback could be supported. The issue of future street width was discussed. Ms. Smith stated that she would be willing to remove the structure if the area were needed for street/utility widening in the future. Debra Weldon, City Attorney, noted that it would be difficult to enforce the demolition of a structure. She noted that it could become a takings issue and explained. There was additional discussion of the proposed encroachment with relation to the future Master Street Plan right-of-way. There was a motion to approve the revised application with a two (2) foot front setback, subject to the following conditions: 1. The owner of the property at 5804 Scenic Drive must remove the porte- cochere structure if the area is ever needed for future street/utility widening 2. A one -lot replat must be completed reflecting the change in the front platted building line as approved by the Board. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved. 5