HomeMy WebLinkAboutZ-8347 Staff AnalysisMAY 19, 2008
ITEM NO.: 5
File No.: Z-8347
Owner/Applicant: Joseph M. Hicks
Address: 805 Cartier Lane
Description: Lot 411, St. Charles Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 to allow a deck addition with reduced setbacks.
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 805 Cartier Lane is occupied by a two-story brick
and frame single family residence. There is a two -car wide driveway from
Cartier Lane which serves as access. The drive leads to a side loading garage
at the northwest corner of the residence.
A recently constructed deck is located at the southeast corner of the residence
within the rear yard area. The deck is located approximately 2.5 feet above
grade and is constructed over an existing patio area. The deck is unenclosed
and will be partially covered with an arbor -type structure. There will be no
solid roof structure. The deck is located six (6) feet from the east side property
line and 18 feet from the rear (south) property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting
MAY 19, 2008
ITEM NO.: _5 (CON'T.)
variances from these ordinance standards to allow the newly constructed deck
with reduced side and rear setbacks.
Staff is supportive of the requested setback variances for the proposed deck
structure. Staff views the request as reasonable. The deck structure being
unenclosed and having no solid roof structure will have very little visibility from
the adjacent properties, as there is an opaque wood fence enclosing this rear
yard area. Staff believes the proposed deck structure will have no adverse
impact on the adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variances, subject to the
deck structure remaining unenclosed and not covered with a solid roof
structure.
BOARD OF ADJUSTMENT: (MAY 19, 2008)
Joseph Hicks was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval. Staff
noted that no complaints had been received regarding the newly constructed deck.
Joseph Hicks addressed the Board in support of the application. He noted that the
deck was constructed to provide a larger level area in the rear yard for his children to
play.
James Van Dover noted concern with construction of the deck prior to a building
permit or variance request. Mr. Hicks explained that the deck is constructed over an
existing patio area and that he did not know about the City's Ordinance
requirements.
Mr. Van Dover asked if Mr. Hicks had a contractor. Mr. Hicks noted that he did the
deck construction himself with the help of a friend.
Scott Smith asked Mr. Hicks how he knew to request a variance. Mr. Hicks noted
that an inspector from the City noticed the deck construction and informed him that
he needed a building permit.
There was a motion to approve the application, as recommended by staff. The
motion passed by a vote of 4 ayes and 1 nay. The application was approved.