Loading...
HomeMy WebLinkAboutZ-8190 Staff AnalysisMAY 21, 2007 ITEM NO.: B File No.: Z-8190 Owner: The Fulenwider Living Trust Applicant: Barry Rush Address: 73 Aberdeen Drive Description: Lot 13, Block 18, Chenal Valley Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 36-12 to allow an addition which crosses a side 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 Analysis: The R-2 zoned property at 73 Aberdeen Drive is occupied by a one-story brick single family residence. The property is located at the northwest corner of Aberdeen Drive and Berney Way Drive. There is a three -car wide driveway from Berney Way Drive which accesses a garage at the northwest corner of the residential structure. There is a 25 foot platted building line which runs along the front (east) and side (north) property lines. There is an open space drainage area located on the tract immediately to the west. The applicant is proposing to enclose the existing garage portion of the residence for additional heated and cooled living space. The proposed project includes the addition of a 24 foot by 26.5 foot garage at the northwest corner of the residence, as noted on the attached site plan. The northeast corner of the proposed garage addition will extend across the 25 foot side platted building MAY 21, 2007 ITEM NO.: B (CON'T. line by approximately 11 feet. The northwest corner of the addition will be located on the 25 foot building line. This will result in a side yard setback ranging from 14 feet to 25 feet. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 8 feet for this R-2 zoned lot. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance to allow the garage addition to cross the side platted building line. Staff does not support the requested building line variance. Staff views the proposed encroachment as being out of character with the surrounding properties. Upon surveying this newer neighborhood, staff found no similar encroachments across platted building lines. Although there is an open space tract immediately to the west, staff feels the proposed encroachment across the side platted building line could have an adverse visual impact on the surrounding properties. Additionally, the proposed 11 foot building line encroachment is a fairly major encroachment for a newly established neighborhood with consistent platted building lines throughout. 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 garage addition. The applilant 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 building line variance. BOARD OF ADJUSTMENT: (MARCH 26, 2007) Staff informed the Board that the application needed to be deferred to the April 30, 2007 agenda due to the fact that the applicant failed to complete the required notification to surrounding property owners. The item was placed on the Consent Agenda and deferred to the April 30, 2007 agenda by a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (APRIL 30, 2007) Lloyd Fulenwider and Barry Rush were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. MAY 21, 2007 ITEM NO.: B Lloyd Fulenwider addressed the Board in support of the application. He discussed the size of the existing garage and how many vehicles could be parked in it. The issue of garage size was briefly discussed. James Van Dover asked what the room above the garage was used for. He noted that it was used as a bedroom for guests. He explained that the only way to access the bonus room was through the stairway in the garage. Mr. Fulenwider presented a photo to the Board showing where the addition would be placed on the lot. This issue was briefly discussed. Vice -Chairman Burruss asked if the existing garage door openings could be utilized and construct only a portion of a new garage, with a minimal encroachment across the platted building line. Mr. Rush noted that the existing beams could cause a problem with that type of addition. The issue was discussed. Chairman Francis explained that the addition as proposed could have an adverse visual impact on the neighborhood. There was a motion to table the application 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. Mr. Rush amended the application to have only a five (5) foot encroachment across the platted building line, at the northeast corner of the proposed garage addition. This issue was discussed. The issue of deferral was also discussed, in order to give the applicant more time to explore options for the addition. There was a motion to defer the application to the May 21, 2007 agenda. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. Staff noted that a revised sketch would be needed by May 7, 2007. Staff date: The applicant submitted a revised site plan to staff on May 3, 2007. The revised plan reduces the size of the proposed garage addition from 24'x26.5' to 15'x27.5'. The encroachment across the platted building line has also been reduced from 11 feet to 5 feet. The revised plan utilizes a portion of the existing garage for the new garage space. Staff is supportive of the revised application. The revised encroachment represents only a 25 square foot encroachment across the building line. With the house having a step design along Berney Way Drive running basically parallel to the road, the slight encroachment will have very little visual impact on the surrounding properties. MAY 21, 2007 ITEM NO.: B (CON'T. Revised Staff Recommendation: Staff recommends approval of the revised application, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. 2. The addition must be constructed to match the existing residence. BOARD OF ADJUSTMENT: (MAY 21, 2007) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval. Staff informed the Board that the applicant had revised the application and reduced the encroachment across the platted building line to five (5) feet at one (1) corner of the addition. Staff recommended approval of the revised application. The applicant offered no additional comments. The item was placed on the Consent Agenda and approved as recommended by staff by a vote of 5 ayes, 0 nays and 0 absent.