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HomeMy WebLinkAboutZ-7963-A Staff AnalysisSEPTEMBER 24, 2012 ITEM NO.: 2 File No.: Z -7693-A Owner: Estate of Melissa Kaye Wedgeworth Applicant: Lisa Riahi, Habitat for Humanity of Pulaski County Address: 9201 Cynthia Drive Description: Lot 40, Clover Hill 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 construction of a new single family residence with a reduced rear setback and which crosses a side platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comment. B. Staff Analysis: The R-2 zoned lot at 9201 Cynthia Drive is currently vacant. The property is at the southwest corner of Cynthia Drive and Nebling Road. A house which previously existed on the site was recently removed because of storm damage. The lot is platted front -to -back from east to west. There is a 25 foot platted building line along the front (east) property line and the north, street side, property line. The applicant proposes to construct a new one-story residence on the property, as noted on the attached site plan. The proposed residence will be located 27 feet to 35 feet back from the front (east) property line, 12 feet to 23 feet back from the rear (west) property line, 16.7 feet to 31.5 feet back from the south side property line and 15 feet to 19 feet back from the north, street side, property line. The main body of the house will cross the platted street side property line by six (6) feet, with the four (4) foot wide porch crossing the platted building line by 10 feet. A one -car SEPTEMBER 24, 2012 ITEM NO.: 2 (CON'T_) _ wide driveway at the northwest corner of the lot will serve a carport located on the west end of the proposed house. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet. 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 new residence with a reduced rear setback and which crosses a side platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The existing single family residential lot has an irregular shape, being 56 feet wide at its west end and approximately 75 feet wide at the east end. A radial dedication of right-of-way is shown on the survey at the lot's northeast corner. The lot ranges in depth from 113.6 feet to approximately 120 feet. The irregular lot shape along with the 25 foot front and street side building lines vastly decreases the amount of buildable area on the lot. The applicant proposes to pull the proposed house toward the north property line in order to maximize the side/rear yard space. Additionally, the slight curvature of Cynthia Drive will help keep the proposed front setback from appearing out of alignment with the other houses to the west along Cynthia Drive. Staff believes the proposed house with reduced rear setback and which crosses a platted side building line will have no adverse impact on the adjacent properties or 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 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 requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. 2. The porch on the north side of the residence must remain unenclosed on its north, east and west sides. BOARD OF ADJUSTMENT: (September 24, 2012) Lisa Riahi and Kelley Melhorn were present, representing the application. There were two (2) persons present with concerns. Staff presented the application with a recommendation of approval. Kelley Melhorn and Lisa Riahi addressed the Board in support of the application. They briefly explained the project. SEPTEMBER 24, 2012 ITEM NO.: 2 (CON'T.) Ruth Turner addressed the Board with concerns. She explained that the previous owners of the property had no problem with a small rear yard area. Mollie Irvin also addressed the Board with concerns. She expressed concerns with the exterior design and overall size of the proposed house. Kelley Melhorn explained that the proposed house will be a three (3) bedroom design. Lisa Riahi noted that home's exterior will be vinyl siding. She explained that other homes in this neighborhood did not have brick exteriors. Vice -Chairman Smith discussed the proposed encroachment across the side platted building line. He asked what it was about the property that required the encroachment. He asked how the proposed placement of the house was determined. Lisa Riahi explained that the construction manager for Habitat for Humanity determined the placement in order to have a larger rear yard area. There was a brief discussion between Vice -Chairman Smith and staff as to whether the proposed house would fit on the lot and not need a variance. Staff noted that the house would fit on the lot and not need a variance if the porch on the north side were eliminated. This issue was discussed further. There was also discussion regarding replating requirements for the property. Vice -Chairman Smith made additional comments regarding the building line encroachment. Brad Wingfield asked about amending the application to move the house back an additional six (6) feet from the north property line. Staff explained that the applicant would have to amend the application. Robert Winchester commented on the applicant's desire to have a larger rear yard area. Ms. Irvin and Ms. Turner made additional comments regarding the proposed house and the size of the house which previously existed on the site. There was additional discussion regarding the proposal. The applicant's options in proceeding forward were briefly discussed. Kelley Melhorn noted that she would like to have a vote on the application. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 4 ayes, 1 nay and 0 absent. The application was approved.