Loading...
HomeMy WebLinkAboutZ-8256 Staff AnalysisAUGUST 27, 2007 ITEM NO.: 8 File No.: Z-8256 Owner/Applicant: Robert Walsh Address: 103 S. Schiller Street Description: Lot 2, Block 5, Plunkett's 2"d Addition Zoned: R-5 Variance Requested: Variances are requested from the area provisions of Section 36-259 to allow a deck with a reduced side setback and a porch/step structure with a reduced front 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-5 zoned property at 103 S. Schiller Street is occupied by a two story frame single family residence which was moved to this lot approximately five (5) to six (6) years ago. There is a gravel drive at the southwest corner of the lot. There is also an unpaved alley right-of-way along the rear (east) property line. The front door of the residence is located seven(7) to eight (8) feet above grade, as the property slopes upward from Schiller Street. There is a first floor side door (north side) which is approximately nine (9) feet above grade. There is also a third floor, attic -type, door on the north side of the structure, within the roofline of the structure. The applicant recently constructed a covered porch and uncovered deck structure on front of the house, as noted on the attached site plan. The porch/deck structure is located approximately 21 feet back from the front (west) property line. An uncovered step structure leads from the porch/deck AUGUST 27, 2007 ITEM NO.: 8 (CON'T. structure down to the grade of the front yard. The step structure is located approximately 13 feet back from the front property line. The applicant is also in the process of constructing deck structures (balcony - type) on the north side of the house at both doors. The lower deck will be five (5) feet wide by 22 feet long and serve the first floor side door. This deck is located three (3) feet from the side (north) property line. The upper deck serves the third floor attic -type door and is four (4) feet wide by 16 feet long. This upper deck is located four (4) feet from the north side property line. No steps are shown for either of the side decks. Section 36-259(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for this lot. Section 36-259(d)(2) requires a minimum side setback five (5) feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the porch, deck and step structures with reduced front and side setbacks. Staff is supportive of the requested variances. Staff views the request as reasonable. Given the elevation of the front and side doors, it would be difficult to provide adequate deck widths and meet the front and side setback requirements. The applicant has kept the porch and deck widths to a minimum, with the front deck being six (6) feet wide and the side decks having widths of four (4) feet and five (5) feet. Additionally, the structures within this block on the east side of S. Schiller Street are not aligned, with a few of the structures to the south being closer to the front property lines that the front fagade of this residential structure. The proposed porch/deck structures will not be out of character with the neighborhood. Staff believes the proposed porch, deck and step additions will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested setback variances, subject to the following conditions: 1. A building permit must be obtained for all construction. 2. The portion of the front porch/deck which is not covered must remain uncovered. 3. The front porch/deck must remain unenclosed. 4. The front steps must remain uncovered and unenclosed. 5. The side decks must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (AUGUST 27, 2007) Robert Walsh was present, representing the application. There were two (2) persons present in opposition. Staff presented the application with a recommendation of approval. AUGUST 27, 2007 W9:ILi10to] : (K0]►1iM Robert Walsh addressed the Board in support of the application. Mr. Walsh made no additional comments to the staff presentation. Joe Flye addressed the Board in opposition. He noted that he lived at 103 S. Summit Street, behind the subject property. He explained that the applicant had obtained no permits to do construction on the house. Greg Conley, of 110 S. Schiller Street, also addressed the Board in opposition. He explained that he had no problem with Mr. Walsh's plans for the house. He noted that he had a problem with Mr. Walsh not finishing the construction project. He stated construction had been going on for several years. Chairman Francis asked how long it would be before the construction is finished. Mr. Walsh noted that the exterior is 90 to95 percent finished. He stated that the exterior would be complete if he had not been issued a stop work order by the City. James Van Dover asked when the house was moved to the property. Mr. Walsh stated that it was in 2002 or 2003. Mr. Van Dover asked when the construction would be finished. Mr. Walsh stated that the first floor would be finished by the end of 2007. This issue was further discussed. The issue of obtaining a building permit was discussed. Mr. Flye made additional comments to the Board. There was a motion to approve the requested variances, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The variances were approved.