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HomeMy WebLinkAboutZ-8145 Staff AnalysisJANUARY 29, 2007 ITEM NO.: C File No.: Z-8145 Owner/Applicant: William Torres Address: 9716 Woodford Drive Description: Lot 120, Merrivale 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 at 9716 Woodford Drive is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Woodford Drive which serves as access. The lot contains a 25 foot front platted building line. The applicant is in the process of constructing new front porch and carport additions to the existing residence, as noted on the attached site plan. The new carport addition is unenclosed on its north, south and west sides and was constructed to match the existing residential structure. According to the survey submitted by the applicant, the carport addition is located three (3) feet from the west side property line at its northwest corner. The southwest corner of the carport is approximately 12 feet from the west side property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback ,of 5.14 feet from this R-2 zoned lot. Therefore, the applicant is., .. , JANUARY 27, 2007 ITEM NO.: C (CON'T.) requesting a variance to allow the reduced side setback for the new carport addition. Staff is not supportive of the requested variance. Staff's inspection of the property revealed that the northwest corner of the carport structure is located no more than one (1) foot from the west property line, with the overhang appearing to cross the property line onto the adjacent property to the west. Staff feels this type of encroachment should not be allowed. Staff believes a minimum side setback of 1.5 feet should be required with the overhang not crossing the side property line. If the applicant can supply an as -built survey of the property reflecting the carport structure with at least an 18 inch side setback, staff could possibly support a variance. Staff believes the proposed structure, as it appears to cross the side property line, will have an adverse impact on the adjacent property. C. Staff Recommendation: Staff recommends denial of the requested side setback variance. BOARD OF ADJUSTMENT: (DECEMBER 18, 2006) Staff informed the Board that the application needed to be deferred to allow the applicant time to submit additional information to staff (as -built survey) to determine the exact location of the building addition. Staff recommended deferral to the January 29, 2007 Agenda. The item was placed on the Consent Agenda and deferred to the January 29, 2007 Agenda by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. BOARD OF ADJUSTMENT: (JANUARY 29, 2007) The applicant was present. There were no objectors present. Staff presented the item. The applicant submitted an as -built survey to staff on January 24, 2007. The survey shows the facia of the carport addition being on the west side property line, with the overhang being two (2) feet over the property line. The applicant has noted that the property owner immediately west is a relative and is willing to deed the piece of the lot where the overhang is located. Staff recommended approval of the requested side setback variance, subject to the deed instrument being recorded within 30 days. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as revised and recommended by staff by a vote -of, 3-ayes; 0 nays, 0 absent-and�2-open-positions.­­- -