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HomeMy WebLinkAboutZ-8125 Staff AnalysisAPRIL 30, 2007 ITEM NO.: B File No.: Z-8125 Owner: Todd Wilson George Applicant: Todd Wilson George Address: 5130 "P" Street Description: Lot 17, Block 3, McGehee's Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a carport 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 located at 5130 "P" Street is occupied by a one-story brick and frame single family residence. There is a one car wide driveway from "P" Street at the southwest corner of the property. The driveway extends along the west side of the house. There is a small accessory storage building in the rear yard, with an alley running along the north (rear) property line. The applicant proposes to construct a 10 foot by 25 foot carport structure on the west side of the existing residence, over the existing driveway. The proposed carport addition will be unenclosed on its south, west and a portion of the north sides. The carport structure is proposed to be located one (1) foot from the west side property line, and 42 feet back from the front (south) property line. APRIL 30, 2007 ITEM NO.: B (CON'T. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of five (5) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the reduced side setback. The applicant is also proposing room and deck additions to the rear of the residence. These proposed additions conform to ordinance standards and are in the process of being constructed. Staff does not support the requested side setback variance. It has been staff's past policy to support setbacks of no less than 18 inches for this type of unenclosed structure. Staff views an 18 inch side setback as a minimum area needed to construct and maintain the carport structure without encroaching onto the adjacent property to the est. If the applicant were willing to provide an 18 inch side setback, including overhang, staff could support the application. The application would have to install guttering to prevent water run-off onto the adjacent property to the west. The guttering could be within the 18 inch side setback. With these changes, staff would view the carport structure as having no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends denial of the requested side setback variance, as filed. BOARD OF ADJUSTMENT: (NOVEMBER 27, 2006) Staff informed the Board that the application needed to be deferred to the December 18, 2006 Agenda due to the fact that the applicant failed to complete the required notification to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the December 18, 2006 agenda by a vote of 4 ayes, 0 nays and 1 open position. BOARD OF ADJUSTMENT: (DECEMBER 18, 2006) Staff informed the Board that the applicant requested the application be deferred to the January 29, 2007 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. APRIL 30, 2007 ITEM NO.: B (CON'T.) BOARD OF ADJUSTMENT: (JANUARY 29, 2007) Staff informed the Board that the applicant requested the application be deferred to the February 26, 2007 Agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 3 ayes, 0 nays, 0 absent and 2 open positions. BOARD OF ADJUSTMENT: (FEBRUARY 26, 2007) Staff informed the Board that the applicant contacted staff on February 23, 2007 and requested the application be deferred to the March 26, 2007 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred by a vote of 5 ayes and o nays. BOARD OF ADJUSTMENT: (MARCH 26, 2007) Todd George was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Staff noted that the property owners to the west had submitted a written agreement to grant a maintenance easement for the carport structure. Todd George addressed the Board in support of the application. He explained that the property at 5124 had a similar variance granted for a carport structure. There was a brief discussion of the new construction on the rear of the house. The issue of the maintenance easement was discussed. The proximity of the house immediately to the west was discussed. Chairman Francis requested the application be deferred to obtain information on the separation of the structures. There was a motion to defer the application to the April 30, 2007 agenda. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. APRIL 30, 2007 ITEM NO.: B (CON'T. BOARD OF ADJUSTMENT: (APRIL 30, 2007) Todd George was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Staff noted that the separation between the proposed carport and the house immediately to the west was 6'-8". Staff noted that the City's Fire Marshall had visited the site and had no problem with the separation as long as the carport had metal framing and was an unenclosed structure. Todd George addressed the Board in support of the application. He confirmed that the carport addition would have metal framing. At the request of James Van Dover, there was a motion to table the item until the end of the meeting. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The Chairman reopened the public hearing on the application. James Van Dover expressed difficulty in supporting the application. The issue of constructing the carport in the rear yard was discussed with respect to the new addition on the rear of the house. Mr. George amended the application to have an 18 inch side setback, as recommended by staff. Staff supported the amended application, with the following conditions: 1. The carport addition must be constructed of metal framing. 2. The carport structure must remain unenclosed. 3. Guttering must be provided in order to prevent water run-off onto adjacent property to the west. There was a motion to approve the revised application, subject to the conditions as noted by staff. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The amended application was approved.