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HomeMy WebLinkAboutZ-8052-A Staff AnalysisJULY 30, 2007 ITEM NO.: 2 File No.: Z -8052-A Owner: Ladley and Jesha Abraham Applicant: Jeff Horton Address: 404 Hickory Creek Court-S.E. Description: Lot 41, Hickory Creek Subdivision 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 porch addition 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: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 404 Hickory Creek Court-S.E. is occupied by a two- story masonry single family residence. There is a driveway from Hickory Creek Court which runs along the north property line to a garage at the rear of the residence. There is a porch structure on front of the house which extends across a 25 foot front platted building line. The porch crosses the front building line by two (2) to four (4) feet, resulting in a front setback of 23 feet to 21 feet, or 33 feet to 31 feet from the curb of Hickory Creek court. On June 26, 2006, the Board of Adjustment approved front setback and building line variances for a porte-cochere with a front setback of at least 34 feet from the street curb at any point. The porte-cochere was changed to a covered porch area, and when it was constructed, a mistake was made in laying it out, resulting in a slightly decreased setback from the front property JULY 30, 2007 ITEM NO.: 2 (CON'T. line and street curb. Therefore, the applicant is back before the Board of Adjustment requesting a new variance for the porch structure. Section 36- 254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-2 zoned property. Section 31-12( c) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Staff is supportive of the requested variances. Staff views the request as relatively minor. The lot is located within the bulb of a cul-de-sac street, so the porte-cochere will not have the appearance of being out of alignment with adjacent structures. The property is located within the gated Hickory Creek Subdivision, and the architectural review committee for the subdivision has approved the proposed construction. Staff believes the proposed single family residence, with porch, 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 porch structure. 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, associated with the new porch structure, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The porch structure must remain unenclosed on the north, south and west sides. BOARD OF ADJUSTMENT: (JULY 30, 2007) Jeff Horton was present, representing the application. There was one (1) person present in opposition. Staff presented the application with a recommendation of approval. Jeff Horton addressed the Board in support of the application. He explained the variance which was previously approved for the residential structure and how the porte-cochere was revised to a porch structure. He also explained that a mistake was made when the house and porch were laid out, and the porch was slightly closer to the front property line. JULY 30, 2007 ITEM NO.: 2 (CON'T. Michelle Young Leding addressed the Board in opposition. She explained that she had previously agreed to a one (1) foot encroachment across the front platted building line, as approved by the Board, and not what was constructed on the site. Robert Winchester asked Ms. Leading what she wished the Board to do. She responded comply with the previous approval. Mr. Horton further explained what was previously approved. Staff noted that the existing porch is approximately one (1) foot to three (3) feet closer to the front property line than what was previously approved. There was additional discussion of this issue. Ms. Leding noted that the house construction began prior to the previous variance being approved. Vice -Chairman Burruss asked if there had been additional comment from the subdivision's Architectual review committee. Mr. Horton and staff responded that there had been on additional comments. There was additional discussion of this issue. Staff noted that the architectural review committee approved the original plans for the residence, which had a larger porte-cochere structure on front of the house. James Van Dover expressed concern with mistakes being made in the layout of structures for construction. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 3 ayes, 1 nay and 1 absent. The application was approved.