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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.