HomeMy WebLinkAboutZ-7927 Staff AnalysisSEPTEMBER 26, 2005
ITEM NO.: 5
File No.: Z-7927
Owner: M & M Custom Builders, Mike Kuhn
Address: 105 Courts Lane
Description: Lot 36, 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: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 105 Courts Lane is occupied by a two-story brick
and rock single family residence, which was recently constructed. The
property is located on the south side of Courts Lane, west of LaMarche Drive.
There is a two -car wide concrete drive from Courts Lane which serves as
access. The lot contains a 25 foot platted front building line.
When construction began on this single family residence, a mistake was made
in positioning the home on the lot. When an as -built survey was done on the
property, it revealed the front (northeast) corner of the structure crossing the
front platted building line by approximately five (5) feet. It was intended for the
northwest corner of the home to be approximately 30 feet back from the front
property line, with all of the structure behind the platted front building line. The
northeast corner of the home is approximately 20 feet back from the front
property line.
SEPTEMBER 26, 2005
ITEM NO.: 5 (CON'T.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for R-2 zoned lots. Section 31-12(c ) of the Subdivision
Ordinance requires that building line encroachments be reviewed and
approved by the Board of Adjustment. Therefore, the applicant is requesting
variances from these ordinance standards to allow the single family structure
with a reduced front setback and to cross the front platted building line.
Staff is supportive of the requested variance. Staff views the variances as
relatively minor. Only approximately 60 square feet of the structure's foot print
crosses the 25 foot front platted building line. Additionally, because of the
curvature of the street and front property line, the home has the appearance of
lining up with all of the other single family homes along the south side of the
Courts Lane to the west. Therefore, staff feels the new single family structure
is compatible with the neighborhood. Staff believes the reduced front setback
and building line encroachment for the northeast corner of the 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 new residence. 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 new home
construction, 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: (SEPTEMBER 26, 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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