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HomeMy WebLinkAboutZ-8150 Staff AnalysisFEBRUARY 26, 2007 ITEM NO.: A File No.: Z-8150 Owner/Applicant: Eddie Smith Address: 21 Dellwood Drive Description: Lot 43, Eastwood Heights Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and the building line provisions of Section 31-12 to allow an accessory building with reduced setbacks 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 21 Dellwood Drive is occupied by a one-story brick and frame single family residence. There is a two -car wide driveway from Dellwood Drive which serves as access. There is a small metal storage building in the rear yard area. The lot contains a 25 foot front and street side platted building line along Dellwood Drive. The applicant proposes to construct an 8 foot by 16 foot accessory storage building near the southeast corner of the property, as noted on the attached site plan. The accessory building will be located approximately seven (7) feet to 10 feet from the street side property line. The structure will be located approximately 7.5 feet from the east (rear) property line and 9.8 feet from the south side property line. All but a very small sliver of the building will be located between the 25 foot side platted building line and the street side property line. FEBRUARY 26, 2007 ITEM NO.: A (CON'T. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory buildings in R-2 zoning have a minimum street side setback of 15 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 accessory building with a reduced street side setback and which crosses the side platted building line. Staff is not supportive of the requested variances. Staff feels the proposed accessory building will be out of character with neighborhood. All of the structures along Deliwood Drive maintain similar setbacks behind the platted building lines as established by the original plat of the subdivision. The proposed accessory building will have the appearance of being in the front yard of the property immediately to the south. Additionally, staff believes there is adequate space in the rear yard, near the existing accessory building where the new proposed building could be placed without variances. Although the owner of the property immediately to the south agrees with the placement of the proposed accessory building, staff believes the placement will have an adverse visual impact on the adjacent property and 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 side building line for the new accessory building. 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 denial of the requested setback and building line variances. BOARD OF ADJUSTMENT. (DECEMBER 18, 2006) Eddie Smith was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Eddie Smith addressed the Board in support of the application. He explained that the proposed accessory building would be constructed to match the existing residence. He noted that there were fruit trees in the rear yard which he was trying to preserve. Chairman Francis noted that the shape of the lot was unique. He explained that the proposed location of the accessory building would have an adverse visual impact on the property next door, and that the current owner may not always occupy that residence. FEBRUARY 26, 2007 ITEM NO.: A (CON'T. There was discussion of moving the structure to another location within the rear yard. Mr. Smith noted that an overhead power line dictated the placement of the structure within the rear yard. Staff noted that if the item were deferred, staff could make a site visit and locate the overhead power line and trees on the survey. Mr. Smith indicated that he did not want a deferral. There was a lengthy discussion between the Board, Mr. Smith and staff. During the discussion several alternate locations for the accessory building were discussed. The issue of private utility lines with respect to the placement of the accessory structure was also discussed. Chairman Francis and Chris Wilbourn indicated that they did not support the application as filed. There was additional discussion of deferring the application. A motion was made to defer the application to the January 29, 2007 Agenda to allow time for staff to meet with Mr. Smith on the property and discuss alternate locations for the accessory structure. The motion passed by a vote of 3 ayes, 0 nays, 1 absent and 1 open position. The application was deferred. BOARD OF ADJUSTMENT: (JANUARY 29, 2007) Staff informed the Board that the application needed to be deferred to the February 26, 2007 Agenda, as the applicant had placed a new accessory building on the property and staff needed time to verify it meeting setback requirements. 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 withdrawn. Staff supported the withdrawal request. The item was placed on the Consent Agenda and withdrawn by a vote of 5 ayes and 0 nays.