HomeMy WebLinkAboutZ-8417 Staff AnalysisNOVEMBER 24, 2008
File No.: Z-8417
Owner/Applicant: Scott Allison
Address: 5720 South Country Club
Description: Lot 89, Forest Heights Place 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 construction of a new
residence with reduced setbacks and which crosses (steps) 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:
No Comments
B. Staff Analysis:
The R-2 zoned property at 5720 S. Country Club is occupied by a one-story
brick and frame single-family residence. There is a one -car wide driveway at
the southeast corner of the lot. There is a small accessory building in the rear
yard, near the northwest corner of the lot. The lot contains a 25 foot front
platted building line.
The applicant proposes to remove the house and accessory building from the
property and construct a new single family residence and accessory garage,
as noted on the attached site plan. The new residence will be two-story
construction, with the detached garage being located near the northeast corner
of the lot. A new driveway will be constructed, extending from the southeast
corner of the lot to the new garage. The main foot print of the house will meet
minimum building setbacks, with three (3) exceptions. An uncovered,
unenclosed step structure will extend from the front of the house approximately
three (3) feet across the 25 foot front platted building line. A small "bump -out"
NOVEMBER 24, 2008
ITEM NO.: 5 (CON'T.
along the west side of the building will be located five (5) feet back from the
west side property line. The applicant is also proposing a one-story carport on
the east side of the structure. The carport will be unenclosed on its north,
south and east sides and be constructed to match the proposed residence.
The carport is proposed to have a side setback of 1.5 feet from the east side
property line.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for this R-2 zoned lot. Section 36-254(d)(2) requires
minimum side setbacks of six (6) feet. Section 31-12(b) 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 from these ordinance standards to allow the proposed
residence with reduced side setbacks, and the front step structure with a
reduced front setback and to cross the front platted building line.
Staff is supportive of the requested building line and setback variances. Staff
views the request as reasonable. Only a small portion of the residence
(approximately 18 square feet) encroaches into the required west side
setback. The front step structure will have a front setback consistant with the
steps on the existing house and steps on other houses along S. Country Club.
With respect to the requested side setback for the carport, staff has
consistently supported unenclosed, one-story carports with side setbacks of
1.5 feet to the overhang. The house immediately to the east has a setback of
approximately seven (7) feet. Therefore, adequate separation will exist
between the two houses. The proposed house with reduced setbacks is not
out of character with other new residences which have been constructed in this
neighborhood over the past several years. Staff believes the proposed
residence with reduced front and side setbacks will have no adverse impact on
the adjacent properties or 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 step structure. 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 setback and building line
variances, associated with the new residential structure, 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.
2. The front step structure which extends across the front platted building
line must remain uncovered and unenclosed.
NOVEMBER 24, 2008
ITEM NO.: 5 (CON'T.)
3. The carport structure must remain unenclosed on its north, south and
east sides.
4. The carport structure is to have a minimum side setback of 1.5 feet from
the east side property line as measured to the structure's overhang.
5. The carport structure must be constructed to match the new residence.
6. Guttering must be provided on the carport structure to prevent water
run-off onto the adjacent property to the east (if the roof structure is
sloped toward the east property).
7. Any down -spouts must be directed away from adjacent property and
direct water run-off to the street.
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 3 ayes, 0 nays, 1 absent and 1 recusal. (Smith)