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HomeMy WebLinkAboutZ-8217 Staff AnalysisMAY 21, 2007 ITEM NO.: 11 File No.: Z-8217 Owner: Blake and Debra Miller/BBM Holdings, LLC Applicant: White Daters & Associates Address: 2908/2910 N. Pierce Street Description: Lots 11 and 12, Block 11, Park View Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a deck 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-3 zoned property at 2908/2910 N. Pierce Street is occupied by two (2) new two-story single family residences which are under construction. The property is located at the southwest corner of N. Pierce Street and Grandview. There will be an access drive from Grandview which will serve both lots. The property consists of two (2) lots, Lots 11 and 12, Block 11, Park View Addition, with Lot 12 being the northernmost lot on the corner. The two (2) lots have common ownership. The property owner proposes to construct an 8 foot by 21 foot deck on the south side of the house located on Lot 12, as noted on the attached site plan. The deck will be located between the two (2) houses, and cross the dividing side property line and encroach onto Lot 11 by 3.5 feet. The applicant is also proposing to dedicate a seven (7) foot wide perpetual and exclusive easement MAY 21, 2007 ITEM NO.: 11 (CON'T. to benefit Lot 12 and allow for the deck encroachment, as well as well as future landscaping, fencing, patios, play equipment, irrigation systems and other similar improvements. The proposed deck will be approximately three (3) feet above grade. Section 36-255(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 4.5 feet for Lot 12. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the deck with a zero (0) side setback and to cross the side property line onto Lot 11. Staff is not supportive of the requested variance. While the Board can approve the deck with a zero (0) side setback, staff does not believe the Board can authorize the encroachment onto the adjacent lot. The separation between the proposed deck and the house on Lot 11 would be only five (5) feet. Staff could support the deck with a zero (0) side setback and no encroachment across the side property line, subject to a maintenance easement being provided. C. Staff Recommendation: Staff recommends denial of the requested side setback variance, as filed. BOARD OF ADJUSTMENT: (MAY 21, 2007) Hal Kemp and Joe White were present, representing the application. There were no objectors present. Staff made the following statement and revised recommendation on the application: Although the Board of Adjustment does not grant variances for building encroachments across property lines, in this case both lots have the same owner who is requesting variances to allow a zero (0) setback from the side property line for each lot. Staff recommended approval of the request for variances to allow a deck structure with zero (0) side setbacks from the south side property line of Lot 12 and the north side property line of Lot 11, Block 11, Park View Addition, subject to the perpetual and exclusive easement being recorded as proposed by the applicant. 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.