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HomeMy WebLinkAboutZ-8466 Staff AnalysisJUNE 29, 2009 ITEM NO.: 4 File No.: Z-8466 Owner/Applicant: Tiffany Lyons Address: 11604 Birchwood Drive Description: Lot 88, Birchwood Addition, Plat #2 Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a deck with a reduced side setback. 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 11604 Birchwood Drive is occupied by a two-story brick and frame single family residence. There is a two -car wide driveway from Birchwood Drive which serves as access. The property is located on the north side of Birchwood Drive, between Fleetwood and Ashwood Drives. A large in - ground pool area is located in the rear yard of the residential lot. The applicant recently began construction of a 16 foot by 16 foot wood deck structure on the east side of the residence, at the southeast corner of the house. The deck structure is approximately 18 inches above grade, with a setback from the east side property line of approximately one (1) foot. The south and east sides of the deck are enclosed with six (6) foot wood fence pickets. A new section of six (6) foot wood fencing will lead from the northeast corner of the deck to the existing wood fence along the east side property line. J U N E 29, 2009 ITEM NO.: 4 f Con't. The deck structure will be underpinned with wood lattice. The entire deck structure will be stained to match the brick on the residence. A window on the east wall of the house will be converted to a door for access to the deck structure. The deck structure will be uncovered. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance from this ordinance requirement to allow the deck addition with a reduced side (east) setback. Staff is supportive of the requested variance. Staff's support is based primarily on the fact that the deck is only approximately 18 inches above grade. If the deck were less than 12 inches above grade, there would be no variances required. Although staff typically does not support side setbacks of less than 1.5 feet with certain circumstances, staff believes it is reasonable in this case, as a six (6) foot high fence could be located on the side property line with a deck or patio less than one (1) foot above grade. The applicant is requesting the deck area as a play area for her dog and infant child, away from the pool area in the rear yard. Staff believes the requested area reduced side setback for the deck addition is reasonable and should have no adverse impact on the adjacent properties or general area. The applicant has informed staff that the property owner immediately to the east has no problem with the deck addition. C. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions: 1. The deck must remain uncovered. 2. The deck must be underpinned with lattice. 3. The deck must be stained to match the brick on the existing house. 4. A building permit must be obtained for the deck construction. BOARD OF ADJUSTMENT: (JUNE 29, 2009) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to compliance with the conditions outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved by a vote of 4 ayes, 0 noes and 1 absent.