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HomeMy WebLinkAboutZ-8252 Staff AnalysisAUGUST 27, 2007 ITEM NO.: 4 File No.: Z-8252 Owner: Seth and Kelly Ward Applicant: Seth and Kelly Ward Address: 4215 Lee Avenue Description: Lot 11, Block 1, Pinehurst Addition Zoned: R-3 Variance Requested: A variance is requested from the area provisions of Section 36- 156 to allow an accessory building 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 4215 Lee Avenue is occupied by a two-story brick and frame single family residence. There is a one -car wide driveway at the northwest corner of the property which runs along the west side of the house. A one-story frame detached garage which previously existed in the rear yard area was recently removed. The applicants propose to pour a new concrete slab on top of the old slab and construct a new one-story garage structure at the same location as the garage which was removed from the property. The new garage is proposed to maintain the same one (1) foot side (west) setback as the previous structure, with a one (1) foot overhang to the side property line. The garage will be located 12.5 feet from the rear (south) property line, 32.4 feet from the east side property line and separated from the house by over six (6) feet. AUGUST 27, 2007 ITEM NO.: 4 (CON'T. Additionally, the structure will occupy approximately 17 percent of the required rear yard (rear 25 feet of the lot). Section 36-156(a)(2)f. of the City's Zoning Ordinance requires a minimum side setback of three (3) feet for accessory buildings in R-3 zoning. Therefore, the applicant is requesting a variance to allow the one (1) foot side (west) setback as previously existed on the site. Staff does not support the requested variance. Staff's non-support is based primarily on the fact that a new concrete slab will be poured for the new garage structure. Staff believes there is ample space to provide the minimum required three (3) foot side setback, with the new foundation. However, the farther to the east the structure is moved, the more difficult it will be to pull a vehicle into the structure. Therefore, staff could support an 18 inch side yard setback, as has been approved for similar situations in the past. This will allow for the structure to be constructed and maintained without encroaching onto the property to the west. Staff support will also be conditioned on the overhang not exceeding 12 inches and guttering being provided to prohibit water run-off onto the adjacent property to the west. With these conditions, staff believes the new accessory structure will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends denial of the requested setback variance, as filed. BOARD OF ADJUSTMENT: (AUGUST 27, 2007) Seth Ward was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial, as filed. Seth Ward addressed the Board in support of the application. He explained why the one (1) foot side setback was needed for the garage structure. He also provided photos to the Board of the area where the proposed garage was to be constructed. He explained that the garage structure filled a gap in the wall/fence line between his property and the property to the west. James Van Dover asked if the new slab will coincide with the old slab. Mr. Ward explained that the footings would be closer to the side property line. Mr. Van Dover asked when the deck was constructed on the rear of the house. Mr. Ward noted that it had been in place for two (2) weeks. These issues were briefly discussed. Vice -Chair Burruss asked how large the garage door was to be. Mr. Ward explained that it would be a one (1) car width and that it would be off -set. Mr. Burruss explained that he could support an 18-inch side setback. Chairman Francis concurred with Mr. Burruss. AUGUST 27, 2007 ITEM NO.: 4 (CON'T. Mr. Ward amended his application to have an 18-inch side setback. The issues of guttering and overhang were discussed. There was a motion to approve the amended application, subject to the following conditions: 1. Guttering must be provided to prevent water run-off onto the adjacent property to the west. 2. The garage structure will have a maximum overhang of 12 inches (not including the guttering). The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The amended application was approved.