HomeMy WebLinkAboutZ-8497 Staff AnalysisSEPTEMBER 28, 2009
ITEM NO.: 4
File No.: Z-8497
Owner: Jonathan and Hollie Oliver
Applicant: Jonathan Oliver
Address: 21 Hickory Pointe Cove
Description: Lot 15, Hickory Pointe Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
156 to allow construction of a swimming pool with reduced street/rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Single Family Residence
STAFF REPORT
A. Public Works Issues:
1. Chlorinated swimming pool water is not allowed to enter the City's
stormwater drainage system.
2. Measures to control the increase in stormwater runoff from the increased
impervious surface should be implemented to not damage adjacent
property.
B. Staff Analysis:
The R-2 zoned property at 21 Hickory Pointe Cove is currently undeveloped.
The lot is a double frontage lot, with Hickory Point Cove located along the front
(east) property line and Charleston Lane along the rear (west) property line.
Some site work is taking place in preparation of construction of a new single
family home, as noted on the attached site plan. The property slopes
downward from side to side (south to north) and front to back. A retaining wall
will be constructed within the southeast portion of the lot. The rear yard area
will be located below the grade of Hickory Pointe Cove. A swimming pool and
retaining walls will be located within the rear yard area, also noted on the
attached site plan. The pool will be located approximately 26 feet back from
SEPTEMBER 28, 2009
ITEM NO.: 4 (Con't.
the rear (west) property line. The front step structure for the residence will be
uncovered and located less than one (1) foot above the finished grade of the
front yard area.
The applicant is requesting one (1) variance with the proposed lot development.
According to Section 36-156(a)(2)c. of the City's Zoning Ordinance, an
accessory structure (including pools) must have a minimum setback of 60 feet
from both street fronting property lines or double frontage lots. Therefore, the
applicant is requesting a variance -to allow the pool with a 26 foot setback from
the rear street fronting property line.
Staff is supportive of the requested variance. Staff views the request as
reasonable. There is a solid brick wall (enclosing the subdivision) located along
the rear (west) property line. The wall is approximately six (6) feet in height,
and when added to the slope down to Charleston Lane, sits approximately 10
feet in height above the grade of Charleston Lane. The pool will be located
below the grade of the lot, with retaining walls on its north and south sides.
Therefore, the pool area will not be visible from the properties along the west
side of Charleston Lane. The pool complies with all other setback
requirements. Staff believes the pool with reduced street setback will have no
adverse impact on the adjacent properties or general area.
C. Staff Recommendation:
Staff recommends approval of the requested setback variance, subject to the
following conditions:
1. Compliance with the Public Works comments as noted in paragraph A. of
the staff report.
2. The front step structure must be uncovered and no more than one (1) foot
above the finished grade of the front yard area.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 2009)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval. There was no further discussion.
The item was placed on the Consent Agenda and approved by a vote of 5 ayes and
0 nays.