HomeMy WebLinkAboutZ-8391 Staff AnalysisNOVEMBER 24, 2008
ITEM NO.: B
File No.: Z-8391
Owner: Valley Home Builders
Applicant: Kevin Hannah
Address: 10 Deauville Circle
Description: Lot 28, Block 85, Chenal Valley Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 and the building line provisions of Section 31-12 to allow a new single family
residence with reduced front setback and which crosses a 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:
No Comments
B. Staff Analysis:
The R-2 zoned property at 10 Deauville Circle is occupied by a two-story brick
and rock single-family residence which was recently constructed. The property
is located on the north side of Deauville Circle and backs up to Chenal Valley
Drive. There is a two -car wide driveway from Deauville Circle which serves as
access. The lot contains a 25 foot front platted building line. The property is
located approximately six (6) feet above the grade of the street.
When the house was constructed, the garage portion (one-story) of the house
was constructed slightly over the 25 foot front platted building line. The main
portion of the house, including front step structure, is located well behind the
building line. The garage portion is located 22 to 23 feet back from the front
(south) property line, crossing the front platted building line by two (2) to three
(3) feet.
NOVEMBER 24, 2008
ITEM NO.: B CON'T.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12(c) of the 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 garage portion of the house with a reduced front setback and to
cross the front platted building line.
Staff is supportive of the requested variances. Staff views the request as
relatively minor. The front of the garage portion of this house lines up with the
front of the house immediately to the west. Because of the curvature of
Deauville Circle, the house will not have the appearance of being out of
alignment with the residences to the east and west. As noted previously, the
property is located approximately six (6) feet above the grade of Deauville
Circle, which made it more difficult to measure the setback from the front
property line. The minor building line encroachment was not noted by the
City's building code inspectors during the construction of the residence. Staff
believes the proposed front setback and building line encroachments will have
no adverse impact on the adjacent properties or the neighborhood.
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 residence. The applicant should review the filing 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 variances, subject to the
completion of a one -lot replat reflecting the change in the front platted building
line as approved by the Board.
BOARD OF ADJUSTMENT:
(SEPTEMBER 29, 2008)
Staff informed the Board that the application needed to be deferred to the October
27, 2008 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the October 27, 2008
Agenda as recommended by staff with a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(OCTOBER 27, 2008)
Staff informed the Board that the application needed to be deferred to the November
24, 2008 Agenda based on the fact that the applicant failed to complete the
notifications to surrounding property owners as required.
The item was placed on the Consent Agenda and deferred to the November 24,
2008 Agenda as recommended by staff with a vote of 4 ayes, 0 nays and 1 absent.
NOVEMBER 24, 2008
ITEM NO.: B (CON'T.
BOARD OF ADJUSTMENT:
(NOVEMBER 24, 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 with a vote of 4 ayes, 0 nays and 1 absent.