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HomeMy WebLinkAboutZ-7749 Staff AnalysisNOVEMBER 29, 2004 ITEM NO.: 8 File No.: Z-7749 Owner: Creative Heights Partners Address: 2120 N. Van Buren Street Description: Part of Lots 1-3, Block 17, Newton's Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow building additions with reduced rear and side setbacks. 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 Issues B. Staff Analysis: The R-2 zoned property at 2120 N. Van Buren Street is occupied by a one- story brick and frame single family residence which is being remodeled. There is a two -car wide driveway from Country Club Blvd. which serves as access. As part of the remodeling project, a portion of the house at its northwest corner has been removed, and is proposed to be reconstructed along with a large garage/room addition on the rear (west side) of the residential structure. A new covered, unenclosed porch is also proposed on the north side of the house. The proposed garage/room addition will have the appearance of a one-story structure, with a second level within the structure's roofline. As part of the project, the old driveway will be removed, with a new two -car wide drive at the northwest corner of the property to serve the proposed new garage addition. NOVEMBER 29, 2004 IWILTAI0[61mr-W(61i7aI The proposed porch and garage/room addition will have side setbacks (north side) ranging from approximately three (3) feet to nine (9) feet. The addition will have an eight (8) foot setback from the south side property line. The garage/room addition will have a rear setback of four (4) feet, for approximately 20 feet of the addition's width. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow reduced side and rear setbacks for the proposed porch and garage/room additions. Additionally, an eight (8) foot high wall is proposed to enclose a portion of the south side yard. No variances are needed for the wall based on the fact that it complies with the minimum building setback for the lot. Although staff has no problem with the requested side setback variance, staff does not support the requested rear yard setback of four (4) feet. Staff's support of the side setback variance is based on the fact that Country Club Blvd. has an excessively wide 80 foot right-of-way. The proposed side setback should have no adverse impact on the area. However, staff feels that the requested four (4) foot rear yard represents an overbuilding of the lot. Staff feels that there is ample space within the south side yard to redesign the addition, picking up additional building space and providing the required 25 foot rear setback. Additionally, the existing residence immediately to the south fronts on Country Club Blvd. and has a side yard setback (east side) of approximately five (5) feet. Therefore, minimal separation will exist between the two houses. If the applicant redesigns the proposed addition to provide the required 25 foot rear setback, staff will support the reduced side setback as proposed. C. Staff Recommendation: Staff recommends denial of the requested setback variance, as filed. BOARD OF ADJUSTMENT: (NOVEMBER 29, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to no accessory buildings being built on the property. Staff noted that this condition was offered by the applicant thereby changing staff's recommendation to approval. Staff also noted that the property owner immediately to the west submitted a letter of approval. The applicant offered no additional comments. 4 NOVEMBER 29, 2004 ITEM NO.: 8 fCON'T.) 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. 2 NOVEMBER 29, 2004 ITEM NO.: 8 File No.: Z-7749 Owner: Creative Heights Partners Address: 2120 N. Van Buren Street Description: Part of Lots 1-3, Block 17, Newton's Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow building additions with reduced rear and side setbacks. 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 Issues B. Staff Analysis: The R-2 zoned property at 2120 N. Van Buren Street is occupied by a one- story brick and frame single family residence which is being remodeled. There is a two -car wide driveway from Country Club Blvd. which serves as access. As part of the remodeling project, a portion of the house at its northwest corner has been removed, and is proposed to be reconstructed along with a large garage/room addition on the rear (west side) of the residential structure. A new covered, unenclosed porch is also proposed on the north side of the house. The proposed garage/room addition will have the appearance of a one-story structure, with a second level within the structure's roofline. As part of the project, the old driveway will be removed, with a new two -car wide drive at the northwest corner of the property to serve the proposed new garage addition. NOVEMBER 29, 2004 ITEM NO.: 8 (CON'T. The proposed porch and garage/room addition will have side setbacks (north side) ranging from approximately three (3) feet to nine (9) feet. The addition will have an eight (8) foot setback from the south side property line. The garage/room addition will have a rear setback of four (4) feet, for approximately 20 feet of the addition's width. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow reduced side and rear setbacks for the proposed porch and garage/room additions. Additionally, an eight (8) foot high wall is proposed to enclose a portion of the south side yard. No variances are needed for the wall based on the fact that it complies with the minimum building setback for the lot. Although staff has no problem with the requested side setback variance, staff does not support the requested rear yard setback of four (4) feet. Staff's support of the side setback variance is based on the fact that Country Club Blvd. has an excessively wide 80 foot right-of-way. The proposed side setback should have no adverse impact on the area. However, staff feels that the requested four (4) foot rear yard represents an overbuilding of the lot. Staff feels that there is ample space within the south side yard to redesign the addition, picking up additional building space and providing the required 25 foot rear setback. Additionally, the existing residence immediately to the south fronts on Country Club Blvd. and has a side yard setback (east side) of approximately five (5) feet. Therefore, minimal separation will exist between the two houses. If the applicant redesigns the proposed addition to provide the required 25 foot rear setback, staff will support the reduced side setback as proposed. C. Staff Recommendation: Staff recommends denial of the requested setback variance, as filed. BOARD OF ADJUSTMENT: (NOVEMBER 29, 2004) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to no accessory buildings being built on the property. Staff noted that this condition was offered by the applicant thereby changing staff's recommendation to approval. Staff also noted that the property owner immediately to the west submitted a letter of approval. The applicant offered no additional comments. 2 NOVEMBER 29, 2004 ITEM NO.: 8 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. K