HomeMy WebLinkAboutZ-7779 Staff AnalysisFEBRUARY 28, 2005
ITEM NO.: C
File No.: Z-7779
Owner: Mike Kuhn
Address: 115 Courts Lane
Description: Lot 32, Block 123, 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 a new house 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: Single Family Residential
Proposed Use of Property:
STAFF REPORT
A. Public Works Issu
No Comments
B. Staff Analvsis:
Single Family Residential
The R-2 zoned property at 115 Courts Lane is occupied by a two-story brick
single family residence which was recently constructed. There is a two -car
wide driveway from courts Lane which serves as access. The property has a
slight slope from side to side (downward from east to west). There is a small
step structure (3 steps) extending from the front porch toward the front
property line.
After construction of the single family residence, the applicant had an as -built
survey done which revealed a small sliver of the house and the step structure
extending across the front 25 foot platted building line. As noted on the
attached site plan sketch, a small sliver of the front of the house, at its
northeast corner, extends across the platted building line by 1.7 feet (23.3 foot
front setback). Additionally, the entire step structure extends across the
FEBRUARY 28, 2005
ITEM NO.: C (CON'T.
platted building line, resulting in a front setback of approximately 20 feet. The
steps are uncovered and unenclosed.
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 and small sliver of the front of the home with a reduced front
setback and which cross a platted building line.
Staff is supportive of the requested variances associated with the proposed
new residential structure. Staff views the request as reasonable. Although
adequate space (depth) exists to locate the house on the lot with no variances,
a mistake was obviously made when the house was laid out resulting in the
existing encroachment. Staff feels that the mistake is relatively minor, and that
the proposed encroachment should 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 residential 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
new residential 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: (JANUARY 31, 2005)
Staff informed the Board that the item needed to be deferred to the February 28,
2005 Agenda, based on the fact that the applicant failed to complete the notification
to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the February 28, 2005
Agenda by a vote of 4 ayes, 0 nays and 1 absent.
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FEBRUARY 28, 2005
ITEM NO.: C (CON'T.
BOARD OF ADJUSTMENT: (FEBRUARY 28, 2005)
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 3 ayes, 0 nays and 2 absent.
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