HomeMy WebLinkAboutZ-8058 Staff AnalysisJUNE 26, 2006
ITEM NO.: 16
File No.: Z-8058
Owner: Brian and Kristen Marr
Applicant: Jon C. Lewis
Address: 28 Maisons Drive
Description: Lot 6, Block 118, 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 Analvsis:
The R-2 zoned property at 28 Maisons Drive is occupied by a one-story rock
and brick single family residence which was recently constructed. There is a
two -car wide driveway from Maisons Drive which serves as access. A small
portion of the residence extends across a 25 foot platted building line, as noted
on the attached site plan. This portion of the house is located 19.4 feet back
from the front property line. The applicant has noted that a mistake was made
when laying out the foundation, and the mistake was not caught until an as -
built survey was done. The front property line is curved, as the lot is located
along a curved stretch of Maisons Drive.
JUNE 26, 2006
ITEM NO.: 16 [CON'T.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12( c) of the Subdivision Ordinance requires
that encroachments across platted building lines be reviewed and approved by
the Board of Adjustment. Therefore, the applicant is requesting variances to
allow the new house with a reduced front setback and which crosses a platted
building line.
Staff is supportive of the requested variances. Staff views the request as very
minor. It appears that when the house was being placed on the property the
front setback was measured from a straight line between the two (2) front
corner pins and not from the actual curved front property line. Only
approximately 75 square feet of the house extends across the 25 foot front
platted building line. Staff believes the front encroachment 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 residential 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 residential structure, 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:
(JUNE 26, 2006)
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 4 ayes, 0 nays and 1 open position.
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