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HomeMy WebLinkAboutZ-8705 Staff AnalysisSEPTEMBER 26, 2011 ITEM NO.: File No.: Z-8705 Owner: Chlorine Treadwell Applicant: Andrew Williams Address: 3 Windsor Circle Description: Lot 505, Meadowcliff Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 156 and the building line provisions of Section 31-12 to allow a storm shelter with reduced front and side setbacks, and which crosses a front 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 3 Windsor Circle is occupied by a one-story frame single family residence. There is a one -car wide driveway from Windsor Circle at the southwest corner of the lot. The lot contains a front platted building line which ranges in depth from 15 feet to 25 feet. The variation in building line depth is based on the fact that a portion of the front property line follows the curvature of the cul-de-sac. The owner recently installed a 6.5 foot by 8.5 foot in -ground storm shelter within the front yard area, along the south side of the driveway. The storm shelter is concrete construction, with a vent pipe and vent turbine on the roof. Approximately eight (8) to twelve (12) inches of the shelter is located above ground. The storm shelter is located 11.5 feet back from the front (west) property line and on (zero setback) the south side property line. The structure is located entirely between the front platted building line and the front property line. SEPTEMBER 26, 2011 ITEM NO.: 5 (CON'T. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in residential zoning. Section 36- 156(a)(2)f. requires a minimum side setback of three (3) 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 storm shelter/accessory structure with reduced front and side setbacks and which crosses a front platted building line. Staff is not supportive of the requested variances associated with the storm shelter. Staff believes the location of the storm shelter within the front yard area is out of character with the other properties in this neighborhood. Staff believes the storm shelter will have a negative visual impact on the adjacent properties and the other properties along Windsor Circle. In reviewing this issue, the Board may wish to consider discussing with the applicant the possibility of installing and maintaining landscaping around the shelter as a means to lessen the visual impact on surrounding properties. 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 storm shelter. 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 denial of the requested setback and building line variances associated with the proposed storm shelter. BOARD OF ADJUSTMENT: (SEPTEMBER 26, 2011) Chlorine Treadwell and Andrew Williams were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Chlorine Treadwell addressed the Board in support of the application. She stated that grass sod would be planted around the storm shelter. Jeff Yates asked when the storm shelter was installed. Ms. Treadwell noted that it was installed in July, 2011. Mr. Yates asked if any neighbors had commented on the shelter. Ms. Treadwell stated that approximately seven (7) neighbors had given positive comments about the shelter. Vice -chair Smith asked about the installation of the shelter. Ms. Treadwell explained that she received approvals from all of the utility companies at the request of the company that installed the shelter. She and Mr. Williams explained that it was SEPTEMBER 26, 2011 ITEM NO.: 5 (CON'T. impossible to place the shelter in the rear yard area because of existing utility lines and the lot's topography. Vice -chair Smith asked about the cost of the shelter. Ms. Treadwell noted that the shelter cost was $3,398.00. Vice -chair Smith explained that he typically did not support front setback variances of this type. He discussed the possibility of installing and maintaining landscaping to soften the visual impact of the shelter. He also discussed painting the vent pipe and turbine as an additional way to lessen the visual impact. Mr. Yates concurred with Vice -chair Smith's comments. He discussed requiring the landscaping and painting as conditions of approval. He further commented on structures in front yard areas. Rajesh Mehta asked if Ms. Treadwell had paid the contractor for the shelter. Ms. Treadwell stated that she had paid in full. There was a motion to approve the requested setback and building line variances, subject to the following conditions: 1. Evergreen shrubs must be planted and maintained along the west and south (with permission of adjacent property owner) sides of the storm shelter. The shrubs are to be a minimum of 36 inches tall at planting and planted every three (3) feet. The shrubs are to be maintained at a minimum height of 36 inches. 2. The vent pipe and vent turbine on top of the storm shelter must be painted and maintained as earth tone color. 3. The landscaping and painting must be completed within 30 days. The motion passed with a vote of 5 ayes, 0 nays and 0 absent. The application was approved.