HomeMy WebLinkAboutZ-7900 Staff AnalysisAUGUST 29, 2005
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File No.: Z-7900
Owner: Steve and Terri Jackson
Address: 57 Valley Estates Court
Description: Lot 2, Pleasant Valley Estates
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of
Section 31-12 and the fence provisions of Section 36-516 to allow a pool structure
which crosses a side platted building line and a fence which exceeds the maximum
height allowed.
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 Comments
B. Staff Analysis:
The R-2 zoned property at 57 Valley Estates Court is occupied by a two-story
brick and frame single family residence. The property is located at the
southeast corner of Valley Estates Court and Valley Estates Drive. There is a
two -car wide driveway from Valley Estates Drive which serves as access. The
property slopes downward from front to back (north to south). There is a 25
foot front platted building line located along the north property line and a 36.5
foot side platted building line along the west property line.
The applicants propose to construct an inground pool and fence as noted on
the attached site plan. The pool will be approximately 16 feet by 34 feet in
size, and located approximately 23 feet back from the street side (west)
property line. The majority of the pool crosses the 36.5 foot side platted
building line. The proposed six (6) foot high wood fence is located 15 feet
AUGUST 29, 2005
ITEM NO.: 4 CON'T.
back from the street side property line, and will tie into an existing fence (wood
with rock columns) along the south property line and the southwest corner of
the residence.
Section 31-12(c ) of the City's Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment.
Section 36-516(e)(1) of the Zoning Ordinance requires that residential fences
between building setback lines and street rights-of-way have a maximum
height of four (4) feet. Therefore, the applicant is requesting variances from
these ordinance standards to allow the pool to cross a platted building line and
the fence with an increased height.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The architectural control committee for this neighborhood
approved the pool and fence construction at their June 26, 2005 meeting (see
attached letter). Given the curvature of this private street (Valley Estates
Drive), staff feels the proposed fence will have no adverse impact on the
adjacent property to the south, as the fence is setback 15 feet from the street
side (west) property line. Additionally, in 1984 the Bill of Assurance for this
neighborhood was amended to allow swimming pools to be located between
side platted building lines and street rights-of-way. Staff believes the proposed
pool and fence construction 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 side building line
for the proposed pool. 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 variances associated with the pool and
fence construction, subject to completion of a one -lot replat reflecting the
change in the side platted building line as approved by the Board.
BOARD OF ADJUSTMENT: (AUGUST 29, 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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