HomeMy WebLinkAboutZ-7825 Staff AnalysisAPRIL 25, 2005
ITEM NO.: 6
File No.: Z-7825
Owner: Owen Gazette
Applicant: Owen Gazette
Address: 7001 Kingwood Road
Description: Lot 261, Kingwood Place 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 an
existing house with a reduced front setback and which crosses a front 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 Issues:
No Comments.
B. Staff Analysis:
Single Family Residential
The R-2 zoned property at 7001 Kingwood Road is occupied by a two-
story (split level) brick single family residence. There is a two -car wide
driveway from Kingwood Road which serves as access. The property
slopes downward from front to back (north to south). There is a 20 foot
front platted building line on this residential lot.
The applicant recently inquired of staff the possibility of replatting this lot,
to combine it with a portion of a lot to the south. Upon review of the
survey of the property, staff noticed that the house has a 19.35 foot front
setback, crossing the front platted building line by a few inches. Staff
informed the applicant that variances associated with the building line
APRIL 25, 2005
ITEM NO.: 6 (CON'T.
encroachment would need to be addressed prior to a replat of the
property. The applicant has noted that the house was constructed in
1952 and was mistakenly built across the front platted building line.
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
recognize the existing building line encroachment.
Staff is supportive of the requested variances. Staff feels that it is
appropriate to have the Board of Adjustment officially acknowledge the
existing encroachment prior to a replat of the property. Staff views the
variances as very minor, having had no adverse impact on the general
area in the past.
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 existing house. 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 existing house subject to completion of a one -lot replat reflecting the
change in the front platted building line as approved by the Board.
BOARD OF ADJUSTMENT: (APRIL 25, 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 5 ayes and 0 nays.
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