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HomeMy WebLinkAboutZ-8474 Staff AnalysisJ U LY 27, 2009 ITFM NO File No.: Z-8474 Owner: Anthony and Leanne Mansell Applicant: Anthony Mansell Address: 7109 Kingwood Road Description: Lot 277 and part of Lot 276, Kingwood Place Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow an arbor addition 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 7109 Kingwood Road is occupied by a one-story brick single family residence. There is a two -car wide driveway from Kingwood Road which serves as access. The property slopes downward from front to back. The lot contains a 20 foot front platted building line. The applicant recently constructed a new arbor -type structure on the front of the residence, as noted on the attached site plan. The arbor was constructed over a new concrete slab. An older concrete step/stoop structure was removed from the entry area of the residence. The arbor addition is 12 feet-8 inches by 16 feet-9 inches in size, and located 7 feet-4 inches back from the front (north) property line. It extends across the front platted building line by 12 feet-8 inches. The arbor structure is unenclosed and does not have a solid roof. J U LY 27, 2009 ITEM NO.; 1 (Con't. C 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 this ordinance standard to allow the building (arbor) addition which crosses a front platted building line. Staff does not support the requested variance to allow a front building line encroachment for the arbor addition. Staff's opinion is that the front encroachment is not in keeping with the character of the building setbacks along Kingwood Road. There is little variation in the front setbacks of the residences along the south side of Kingwood Road, with the exception of one (1) carport structure at the west end of Kingwood Road (7401 Kingwood Road). Although there may be a few examples of reduced front setbacks in this overall neighborhood, staff believes the proposed arbor addition will have an adverse visual impact on the adjacent properties along Kingwood Road. 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 addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. Staff Recommendation: Staff recommends denial of the requested variance for front building line encroachment. BOARD OF ADJUSTMENT: (JULY 27, 2009) Anthony and Leanne Mansell were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Anthony Mansell addressed the Board in support of the application. He described a water run-off problem associated with the property. He explained that the new concrete slab in front of the residence was intended to keep water run-off away from the home's entry area. He noted that the arbor structure was constructed to help improve the appearance of the concrete slab area and front of the residence. He explained that there were other encroachments into the front yard areas in the neighborhood, including fences and walls. He further explained that many of the neighbors supported the arbor addition. He stated that he notified property owners outside the 200 foot required area. He noted that 25 of 46 property owners along Kingwood Road signed a petition of support. Leanne Mansell made additional comments in support of the application. She explained that the front yard area, around the arbor addition, would be landscaped. J U LY 27, 2009 ITEM NO.: 1 f Con't. James VanDover explained that the issue of fences and walls within the front setback area was not persuasive because the fence/walls were not violations. He asked if neighbors were aware of the variance request. Mrs. Mansell explained that they were. Scott Smith asked if there was any additional work to be done to the arbor. Mr. Mansell stasted that there was some finish trim work left. Mrs. Mansell explained that the area would be landscaped with the arbor appearing as a landscape feature. Mr. Smith noted that he would like to see a different column design for the arbor. Staff explained that the reason for recommendation of denial was the fact that the proposed encroachment into the front setback was out of character with the other properties along Kingwood Road. This issue was briefly discussed. Scott Smith noted support for the variance and explained. Vice -Chairman Winchester noted that he had trouble defining an arbor as a structure. He explained that it was more of a landscape feature. There was a motion to approve the application, 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 arbor structure must remain unenclosed with no solid roof. 3. The arbor structure must remain unattached to the principal structure. The motion passed by a vote of 5 ayes and 0 nays. The application was approved.