HomeMy WebLinkAboutZ-7999 Staff AnalysisFEBRUARY 27, 2006
ITEM NO.: 8
File No.: Z-7999
Owner: David Street
Address: 5115 Crestwood Road
Description: Lot 5, Prospect Terrace
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
254 to allow a deck addition with a reduced side setback.
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 5115 Crestwood Road is occupied by a two-story
brick and frame single family residence. The residence is currently being
completely remodeled, with additions. There is a two -car wide driveway from
Crestwood Road which serves as access. The property slopes severely
downward from Crestwood Road to the rear (Kavanaugh Blvd.).
As part of the remodeling project, a deck structure is in the process of being
added along the east, west and south sides of the residential structure.
Portions of the deck structure are covered, as noted on the attached site plan.
The deck is located 3.5 feet to 5 feet from the east side property line and 16
feet to 19 feet from the west side property line. The rear corners of the deck
FEBRUARY 27, 2006
ITEM NO.: 8 CON'T.)
structure are approximately 20 feet above grade. The covered portions of the
deck will have a one (1) foot overhang.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of 7.7 feet for this R-2 zoned lot. Therefore, the applicant is
requesting a variance from this ordinance standard to allow the deck addition
with a side (east) setback ranging from 3.5 to 5 feet.
Staff is supportive of the requested variance. Staff feels the request is
reasonable. The residence immediately to the east is located 10 feet from the
proposed deck structure. Additionally, the residence to the east has no
windows or doors on its west side (facing the deck structure), which will lessen
the impact of the deck on that adjacent property. The proposed deck is not out
of character with other deck structures in the neighborhood. Staff believes the
proposed deck structure will have no adverse impact on the adjacent
properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested side setback variance associated
with the deck structure, subject to the following conditions:
1. The deck structure must remain unenclosed on its east side.
2. Guttering must be provided to prevent water run-off onto the adjacent
property to the east.
BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006)
Rick DeWese was present, representing the application. There was one (1) objector
present. Staff presented the application with a recommendation of approval.
Linda Stuckey, representing Catherine Arries, addressed the Board in opposition. Ms.
Stuckey expressed concerns related to water run-off, fire hazard and access with
respect to the proposed deck. She asked the Board to deny the reduced side setback
variance.
Rick DeWese addressed the Board in support. He explained that the proposed deck
was not out of character with other decks in the area. He noted that a six (6) inch gutter
will be installed to prevent water run-off onto the adjacent property to the east.
Chairman Francis explained that a property line dispute could not be resolved by the
Board. There was a brief discussion of the deck's setbacks and guttering.
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FEBRUARY 27, 2006
ITEM NO.: 8 (CON
BOARD OF ADJUSTMENT: (FEBRUARY 27, 2006 CON'T.)
There was a motion to approve the application, as recommended by staff, and with the
following additional conditions:
Six (6) inch guttering must be provided to prevent water run-off onto the property
to the east.
The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application with
added conditions was approved.
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