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.