HomeMy WebLinkAboutZ-8467 Staff AnalysisJUNE 29, 2009
ITEM NO.: 5
File No.: Z-8467
Owner/Applicant: Joseph R. Kern
Address: 17 Windborough Court
Description: Lot 18, Burnttree Addition, Phase I
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of
Section 31-12 to allow a residence 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:
No Comments
B. Staff Analysis:
The R-2 zoned property at 17 Windborough Court is occupied by a one-story
masonry and stucco single family residence which was constructed several
years ago. The property is located at the end of Windborough Court, a cul-de-
sac street. There is a two -car wide driveway from Windborough court at the
northwest corner of the property, leading to a two -car wide garage at the
northwest corner of the house. The property slopes downward from front to
back (west to east). Because of the excessive slope, the lot was platted with a
15 foot front platted building line.
When the house was constructed, a small portion of the northwest corner of the
house encroached across the 15 foot front platted building line, as noted on the
attached sketch. The area of encroachment is approximately 15 square feet in
area, extending across the front platted building line by approximately 4.5 feet.
JUNE 29, 2009
ITEM NO.: 5 (Con't.
Section 31-12(c ) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting a variance from the ordinance standard
to allow the front corner of the residence to cross the front platted building line.
Staff is supportive of the requested building line variance. Staff views the
request as very minor. With the excessive slope of the property, the residence
was pulled forward on the lot as much as possible. However, the contractor at
that time did not compensate for the curvature of the front platted building line
near the northwest corner of the lot. This resulted in approximately 15 square
feet of the overall structure (over 3,400 square foot building foot print)
encroaching across the front platted building line by approximately 4.5 feet.
There was ample side yard area from the south side property line for the
residence to be shifted approximately six (6) feet to the south and avoid the
building line encroachment. Therefore, it appears obvious that a mistake was
made when the structure's foundation was laid out on the lot. Staff feels the
encroachment being located on a lot at the end of a cul-de-sac street, within the
curvature of the cul-de-sac, has no negative visual impact on the adjacent lots
or other lots along the roadway.
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 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 building line variance, subject to
completion of a one -lot replat reflecting the change in the front platted building
line as approved by the Board.
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.