HomeMy WebLinkAboutZ-8085 Staff AnalysisAUGUST 28, 2006
ITEM NO.: 3
File No.: Z-8085
Owner: Aaron and Robin Gamewell
Applicant: Aaron Gamewell
Address: 1201 N. Tyler Street
Description: Lot 7, Block 1, Hollenberg Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-156 to allow an accessory building and swimming pool with reduced setbacks and
increased rear yard coverage.
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:
1. Obtain a franchise agreement from Public Works (John Barr, 371-4646)
for the new wall addition and parking area located in the right-of-way.
B. Staff Analysis:
The R-2 zoned property at 1201 N. Tyler Street is occupied by a two-story
frame single family residence. The property is located at the northeast corner
of N. Tyler Street and Evergreen Street. There is an alley along the rear (east)
property line. The applicant recently made an addition to the rear (east) of the
single family residence. Additionally, the applicant is in the process of
constructing a two-story accessory garage structure within the rear yard along
the alley. The accessory structure is located in the same spot where an older
accessory building was removed. The first floor of the structure will be used as
a garage, with a game room on the second floor.
AUGUST 28, 2006
ITEM NO.: 3 f Con't.
The applicant received building permits for both construction projects. The
permit for construction of the accessory building was issued by the City in
error. The new accessory building requires variances for reduced street side
setback and increased rear yard coverage. The fact that there was an older
accessory building occupying the same foot print, does not allow the new
construction by right. Hence the error in issuance of the building permit.
The accessory building is located six (6) feet from the side (north) and rear
(east) property lines. A setback of approximately nine (9) feet exists along the
street side (south) property line. The structure occupies approximately 53
percent of the required rear yard (rear 25 feet of the lot). The applicant is also
proposing to construct an inground pool as noted on the attached site plan.
The pool will maintain the same nine (9) foot setback along the street side
(south) property line.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum
street side setback of 15 feet and a maximum rear yard coverage of 30
percent for accessory buildings in single family zoning. Therefore, the
applicant is requesting variances from these ordinance standards to allow the
accessory garage building and pool with reduced street side setbacks and the
accessory garage building with an increased coverage.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The new accessory garage structure was constructed to replace
an older structure which was removed from the property. There are a number
of large accessory structures in this area along the alley rights-of-way. There
is also a brick office building located on the property immediately to the east
which is only a few feet back from the alley. Therefore, staff feels the
proposed accessory structure will be compatible with the neighborhood. Staff
believes the proposed accessory buildings will have no adverse impact on the
adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback and coverage variances
associated with the proposed accessory structures, subject to the following
conditions:
The accessory building must not be used as an accessory dwelling.
There can be no kitchen facility in the structure.
2. The accessory building must not be used in conjunction with any business
activity.
0
AUGUST 28, 2006
ITEM NO.: 3 (Con't.
BOARD OF ADJUSTMENT:
(AUGUST 28, 2006)
Aaron Gamewell was present, representing the application. There were two (2) persons
present in opposition. Staff presented the application with a recommendation of
approval.
Aaron Gamewell addressed the Board in support of the application. He explained that
he did receive a building permit for the construction. He explained that there were other
similar garage structures in the neighborhood.
Jan Bowman addressed the Board in opposition. She presented a map of the area to
the Board and explained. She stated that the proposed garage is out of proportion with
other garage structures in the area. She noted that the applicant parks in the alley and
partially blocks it. She recommended that the accessory structure not be used as a
dwelling, and have no separate utility meters and no bathroom. She noted that Mr.
Gamewell was requesting a variance after the building had been built.
Staff explained that an approved variance would run with the land and be binding on
subsequent landowners. Staff noted that the City has enforcement powers to assure
that the structure is not used as a dwelling and that the alley not be blocked by parked
vehicles.
Jerry Sears also spoke in opposition. He noted that he had a garage apartment on his
property that was approved by the City. He stated that the condition that the structure
not be used as a dwelling be put in the property's abstract. This issue was briefly
discussed. Debra Weldon, City Attorney, explained that the Board's action runs with the
land and is binding on subsequent landowners without having anything put in an
abstract.
Staff suggested that the following additional condition be placed on the application:
1. There will be no separate utility meters on the accessory structure. All
utilities must be run through the principal structure.
This issue was briefly discussed. Mr. Gamewell agreed to the additional condition.
There was a motion to approve the application as recommended by staff with the
additional condition as noted above. The motion passed by a vote of 4 ayes, 0 nays
and 1 open position. The application was approved.
9