HomeMy WebLinkAboutZ-8340 Staff AnalysisAPRIL 28, 2008
ITEM NO.: 15
File No.: Z-8340
Owner/Applicant: James W. Miller
Address: 1617 S. Fillmore Street
Description: Lot 8, Block 4, Cherry and Cox Addition
Zoned: R-3
Variance Requested: Variances are requested from the area provisions of Sections
36-156 and 36-255 to allow a deck addition with reduced setbacks and separation.
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 1617 S. Fillmore Street contains a one-story brick
and frame single family residence. There is a one -car wide driveway from S.
Fillmore Street at the northwest corner of the property. There is a one-story
stucco garage structure located at the northeast corner of the residence within
the rear yard area. The rear yard area is fenced with a four (4) foot high chain -
link fence. There is a 12 foot wide platted alley along the east property line.
There is a deck addition to the rear (east) of the residence which is currently in
the process of being constructed, as noted on the attached site plan. The
proposed deck will attach to the northeast corner of the residence and abut the
southwest corner of the detached garage structure. The deck is located two
(2) to three (3) feet above grade. An arbor will be located over a portion of the
deck. The proposed deck is located approximately three (3) feet from the
south side property line and 18 feet from the rear (east) property line.
APRIL 28, 2008
ITEM NO.: 15 (CON'T.
Section 36-255(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of five (5) feet for this R-3 zoned lot. Section 36-255(d)(3) requires a
minimum rear setback of 25 feet. Additionally, Section 36-156(a)(2)b. requires
that principal structures be separated from accessory structures by at least six
(6) feet. Therefore, the applicant is requesting variances to allow the deck
addition with reduced side and rear setbacks, and reduced separation from the
accessory structure. The deck addition is considered part of the principal
structure and, as noted previously, is butted up to the southwest corner of the
accessory garage structure. The deck construction has ceased, pending the
variance requests.
Staff is supportive of the requested setback and separation variances. Staff
views the request as reasonable. Staff feels that the proposed deck
construction on the rear of the residence represents a quality improvement for
this residence in the Oak Forest neighborhood. Adequate separation will exist
between the proposed deck structure and the residences immediately north
and south. With the deck structure remaining uncovered with no permanent
roof structure and unenclosed, staff believes the deck will have no adverse
impact on the adjacent properties or the neighborhood.
C. Staff Recommendation:
Staff recommends approval of the requested setback and separation
variances, subject to the following conditions:
1. The deck must remain uncovered with no permanent roof structure.
2. The deck must remain unenclosed.
3. A building permit must be obtained for the deck construction.
BOARD OF ADJUSTMENT:
(APRIL 28, 2008)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval.
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 and 0 nays.