HomeMy WebLinkAboutZ-8509 Staff AnalysisDECEMBER 21, 2009
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File No.: Z-8509
Owner: Laura and Kyle Winning
Applicant: Burt Taggart
Address: 111 Hickory Creek Circle
Description: Lot 68, Phase I, Hickory Creek Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a raised slab/porch area 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 111 Hickory Creek Circle is occupied by a two story
brick single family residence. A circular driveway from Hickory Creek Circle serves
as access to the property. A neighborhood common area which includes a pond
water feature is located immediately east (southeast) of the residence. The east
side yard of the lot slopes downward approximately three (3) feet to the water
feature.
The applicant is planning to remodel the existing residence. As part of the
remodeling project, a front/side terrace area will be added at the northeast corner
of the residence. The terrace area will consist of a short retaining wall, as noted on
the attached site plan. The retaining wall will be located four (4) feet to 13 feet
back from the east side property line. The wall will be approximately two (2) to
three (3) feet high at its highest point. A concrete slab/patio will be constructed
inside the wall, between the residence and the wall.
DECEMBER 21, 2009
ITEM NO.: 3 (Con't.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet for this R-2 zoned lot. Therefore, the applicant is
requesting a variance to allow the concrete patio/terrace area with a reduced side
setback, as part of it is located more than one (1) foot above grade and considered
part of the residential structure. The patio/terrace area will be uncovered and
unenclosed.
Staff is supportive of the requested variance. Staff views the request as a very
minor issue. if the yard space were level, the patio/terrace slab would be less than
a foot above grade and not considered a structure. Because of the slight slope
within the east side yard, the patio/terrace slab will be located approximately two
(2) to three (3) feet above the grade of the adjacent property. It will have the
appearance as only a raised yard area as viewed from the adjacent property. Staff
believes the requested patio/.terrace area with reduced side setback will have no
adverse impact on the adjacent property or general area. The applicant has
submitted letters of approval from the Hickory Creek Property Owners Association
and two (2) neighboring property owners.
C. Staff Recommendation:
Staff recommends approval of the requested side setback variance, as filed.
BOARD OF ADJUSTMENT: (DECEMBER 21, 2009)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as noted in the "staff recommendation"
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and
0 absent.