HomeMy WebLinkAboutZ-8480 Staff AnalysisJ U LY 27, 2009
ITEM NO.: 5
File No.: Z-8480
Owner: Dan and Beth Cirwinski
Applicant: James Miles
Address; 19 Foxfield Cove
Description: Lot 17, Block 14, Woodland's Edge Subdivision
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 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 19 Foxfield Cove is occupied by a recently
constructed two-story brick and rock single family residence, as noted on the
attached site plan. There is a two -car wide driveway from Foxfield Cove which
serves as access. There is a 25 foot front platted building line which follows the
curvature of the front property line, located along the bulb of the cul-de-sac
street.
When the residence was constructed, one (1) mistake was made in the lay -out
of the structure. A small portion of the front of the residence extends
approximately 3.5 feet across the front platted building line. The encroachment
represents approximately 36 square feet of the overall residence.
J U LY 27, 2009
ITEM NO.: 5 (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
building line encroachments be reviewed and approved by the Board of
Adjustment. Therefore, the applicant is requesting variances from these
ordinance standards to allow the new residence with a reduced front setback
and which crosses a front platted building line.
Staff is supportive of the requested building line variance. Staff views the
request as very minor. Apparently the contractor at time of construction did not
compensate for the curvature of the front platted building line. This resulted in
approximately 36 square feet of the overall structure (over 3,500 square foot
building foot print) encroaching across the front platted building line by
approximately 3.5 feet. The lots within this area of Woodland's Edge
Subdivision are allowed to have minimum rear setbacks of 15 feet. There was
ample rear yard area for the residence to be shifted up to seven (7) 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 along 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:
(J U LY 27, 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 5 ayes and 0 noes.