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HomeMy WebLinkAboutZ-8509 Staff AnalysisDECEMBER 21, 2009 yu� 101Is] W, 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.