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HomeMy WebLinkAboutZ-8603-A Staff AnalysisFEBRUARY 28, 2011 ITEM NO.: 5 File No.: Z-8603-A Owner/Applicant; Ruthie West Address: 2406 W. 13th Street Description: North side of W. 13th Street, two (2) lots west of Rice Street Zoned: R-3 Variance Requested: An administrative appeal is requested of the Planning staff's determination that the front porch of the residence was enclosed after the adoption of the Central High Design Overlay District Ordinance. 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 The R-3 zoned property at 2406 W. 13th Street is occupied by a two-story frame single family residence. There is a one -car wide driveway at the southeast corner of the property leading to a small garage structure at the northeast corner of the residence. There is a second accessory building at the northwest corner of the property. The property owner, Ruthie West, recently enclosed the front porch of the residence. The enclosure is wood construction with vertical sheet siding. Three (3) windows and a front door were located on the front facade of the enclosure. As of this writing, the enclosed front porch has not been painted. The property is located within the Central High Neighborhood Design Overlay District. On July 27, 2010 the City's Zoning Enforcement staff issued a Courtesy Notice to Ruthie West for the front porch enclosure, as a result of a complaint being filed. The courtesy Notice granted seven (7) days to comply by removing the porch enclosure. Enclosing an existing front porch on a residential structure is a violation of the Central High Neighborhood Design Overlay District Ordinance. The applicant contacted staff and expressed interest in filing a PD-R rezoning for the property to allow the porch enclosure. On August 23, 2010 a court citation was issued to Ruthie West, as no PD-R application had been filed. The applicant then filed a PD-R application for the December 16, 2010 Planning Commission Agenda. The court case was suspended pending outcome of the PD-R application. At the December 16, 2010 Planning Commission meeting there was discussion of when Ms. West started the front porch FEBRUARY 28, 2011 ITEM NO.: 5 (CON'T enclosure construction in relation to when the Central High Neighborhood Design Overlay District Ordinance took effect. The Planning Commission deferred the PD-R application to March 10, 2011 so that this issue can be resolved. Therefore, Ruthie West is appealing staff's enforcement of the front porch enclosure to the Board of Adjustment, contending that the construction began prior to adoption of the Central High Neighborhood Design Overlay District Ordinance. The Central High Neighborhood Design Overlay District Ordinance No. 20,180 was adopted by the City Board of Directors on October 20,=2009. The Design Overlay District provides criteria for new construction and additions/modifications to existing structures within the district. Section 36-EEE(i) of the Ordinance is as follows: "(i) Porches: Residential structures must have a front porch that is a passageway from the street to the front door of the unit(s) on new residential construction and additions/modifications to the front fagade of existing residential structures." The applicant, Ruthie West, has submitted documents such as building material receipts and petition from neighbors in support of her case. Again, Ms. West contends that she began construction of the porch enclosure prior to the passage of the Design Overlay District Ordinance. The Board of Adjustment is asked to determine if construction of the porch enclosure began prior to the October 20, 2009 adoption of the Central High Neighborhood Design Overlay District ordinance. Additional/supplemental information (ordinance, letters and photos) will be provided to the Board members for review of this issue. BOARD OF ADJUSTMENT: (FEBRUARY 28, 2011) Ruthie West was present, representing the application. Staff presented the appeal request to the Board. There were several persons present in support of Ms. West's appeal. Ruthie West addressed the Board in support of the appeal request. She explained that construction of the front porch enclosure began prior to the Central High Neighborhood DOD. She stated that she was unaware that she needed a building permit for the porch enclosure. She noted that several surrounding property owners had signed a petition stating that the construction began prior to the DOD. Frankie Gaines and Dorothy Patton spoke in support of Ms. West's appeal. They stated that the construction on the porch enclosure began in August, 2009. Vice -Chair Smith noted that a building permit was not obtained for the porch enclosure. He asked about the sequence of events leading to the porch construction. Ms. West explained that she began thinking about the enclosure in April, 2009, and started FEBRUARY 28, 2011 ITEM NO.: 5 CON'T. purchasing building materials in August, 2009. She noted that the porch enclosure was completed in late September, 2009. In response to a question from Vice -Chair Smith, Ms. West noted that none of the work was hired out. She stated that family members did all the work. There was discussion of when enforcement began with respect to when the construction started. In response to a question from Vice -Chair Smith, Ms. West noted that the porch enclosure was completed in two (2) weeks. There was discussion of the petition submitted by Ms. West. Eric Simmons, Ms. West's son, spoke in support of the appeal. He discussed the porch enclosure. The DOD guidelines were discussed. Minnie Sanford, Ms. West's sister, explained that they began thinking about enclosing the front porch in April, 2009. Rajesh Mehta noted that Ms. West had presented good information regarding when the porch was enclosed. Brad Wingfield noted that the sequence of invoices for building materials ended with house numbers and a mailbox purchased in September, 2009. There was a motion to approve the requested appeal, determining that construction on the front porch enclosure at 2406 W. 131h Street began prior to the October 20, 2009 adoption of the Central High Neighborhood Design Overlay District Ordinance. The motion passed by a vote of 4 ayes, 0 nays, 0 absent and 1 open position. The appeal was approved.