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HomeMy WebLinkAboutZ-8381 Staff AnalysisAUGUST 25, 2008 ITEM NO.: 4 File No.: Z-8381 Owner/Applicant: Ralph Cotham Address: 1600 N. Jackson Street Description: Lots 77 and 78, Cliffewood Addition Zoned: R-2 Variance Requested: Variances are requested from area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with a reduced side setback and which crosses a front platted building line. 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: 1. Any guttering and downspouts should direct stormwater flows away from the adjacent property. B. Staff Analysis: The R-2 zoned property at 1600 N. Jackson Street is occupied by a two-story brick and frame single-family residence. The property is located at the northwest corner of N. Jackson Street and Crestwood Drive. The lot contains a 30-foot front platted building line along N. Jackson Street and a 15-foot street side platted building line along Crestwood Drive. There is a one -car wide driveway from N. Jackson Street, which serves as access. In January 2008 the residence sustained storm damage when a tree feel on the north portion of the home and damaged the carport structure. The carport was located three (3) to 3.8 feet from the north (side) property line and behind the 30-foot front platted building line. There was attic space above the carport area. The carport had to be removed as a result of the storm damage. AUGUST 25, 2008 ITEM NO.: 4 (CON'T. The contractor for the property owner recently began construction of a new carport, with second story living space, as noted on the attached site plan. The construction was initiated without a building permit. The carport addition follows essentially the same footprint of the previous carport, with two (2) minor differences. The new carport is located approximately three (3) feet closer to the front (east) property line, crossing the front platted building line by three (3) feet. The carport is also located slightly further away from the north side property line, with a side setback ranging from 3.6 to 4.7 feet. The applicant proposes for the first floor carport to be unenclosed on its north, east and west sides. The two-story carport addition has been framed and partially roofed. Construction was stopped when the issue of not having a building permit was observed. 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 31-12(c) of the City's Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances to allow the proposed carport addition with a reduced side setback and which crosses a front platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant is proposing to reconstruct a carport structure, which existed on the site prior to recent storm damage. Although the addition is being constructed at a two-story height, the addition is not substantially higher (roof peak) than the previous addition. Additionally, the new addition is 0.6 to 0.9 foot further back from the north side property line. The roof pitch of the new carport addition is east/west, so there should be no water run-off onto the property to the north. With respect to the building line encroachment, the structure does comply with the typical minimum front setback requirement of 25 feet. The addition is located 27 to 30 feet back from the front (east) property line. Only approximately 33 square feet of the carport addition crosses the front platted building line. Staff believes the proposed addition will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new carport addition. The applicant should review the filling procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. AUGUST 25, 2008 ITEM NO.: 4 (CON'T. 2. The carport addition must remain unenclosed on its east, west and north sides. 3. Compliance with the Public Works requirements as noted in paragraph A. of the agenda staff report. 4. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (AUGUST 25, 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 3 ayes, 1 nay and 1 absent.