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HomeMy WebLinkAboutZ-7767 Staff AnalysisDECEMBER 20, 2004 ITEM NO.: 8 File No.: Z-7767 Owner: Jim and Marla VanWyk Applicant: Richard Harp Address: 67 Bellegard Drive Description: Lot 3, Block 38, Chenal Valley 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 steps with a reduced front setback and which cross a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residence Under Construction Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Issues B. Staff Analysis: The R-2 zoned property at 67 Bellegard Drive is occupied by a two-story brick single family residence which is under construction and nearing completion. There will be a two -car wide driveway from Bellegard Drive which will serve as access. The property slopes upward from front to back (south to north). The front door of the new residential structure is approximately 12 feet above grade. All surrounding properties are zoned R-2 and contain single family residences or residential structures which are under construction. The applicant is requesting to construct a step structure (21 steps) from the front door/porch, as noted on the attached site plan. The step structure will extend across a 25 foot front platted building line by nine (9) feet, resulting in a 16 foot front setback. DECEMBER 20, 2004 ITEM NO.: 8 (CON'T.) 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 step structure with a reduced front setback and which crosses a platted building line. Staff is supportive of the requested variances associated with the proposed front step structure. Staff views the request as reasonable. Staff feels that given the design of the house and its placement on the lot, the proposed step design is the best and least intrusive option for the structure. Therefore, staff believes the proposed step structure will have no adverse impact on the adjacent properties or the general area. 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 step 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 Recommendation: Staff recommends approval of the requested variances associated with the front step structure, subject to the following conditions. 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The portion of the step structure extending past the front platted building line must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (DECEMBER 20, 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 5 ayes and 0 nays. 2