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HomeMy WebLinkAboutZ-8874 Staff AnalysisJULY 29, 2013 ITEM NO.: 1 File No.: Z-8874 Owner/Applicant: Sidney Miller Address: 5110 Nancy Court Description: Lot 21, Westlawn #2 Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow steps with a reduced front setback and which cross a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single family residence under construction Proposed Use of Property: Single family residential STAFF REPORT A. Public Works Issues: No Comments. B. Landscape and Buffer Comments: The R-2 zoned property at 5110 Nancy Court is occupied by a two-story single family residence which is currently under construction. The property is located on the west side of Nancy Court, south of Nancy Place in the Westwood/Western Hills neighborhood. A two -car wide driveway from Nancy Court will be located at the southeast corner of the lot. The driveway will access a garage at the southeast corner of the residence. The property slopes upward from front to back (east to west). The front door of the residence is approximately ten (10) feet above grade. The lot contains a 25 foot front platted building line. The applicant is proposing to construct steps from the front door in the front yard area, as noted on the attached site plan. The steps will extend seven (7) to ten (10) feet out from the front wall of the residence, and be located 17 to 20 feet back from the front property line. The steps will extend across the front platted building line by five (5) to eight (8) feet. The steps will be uncovered and unenclosed. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of JULY 29, 2013 ITEM NO.: 1 CON'T. Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the front steps with a reduced front setback and to cross a front platted building line. Staff is supportive of the requested variances. Staff views the request as reasonable. The applicant has noted that the front door ended up at Its current elevation due to the fact that the rocky terrain caused the finished floor of the residence to sit up higher than was originally anticipated, thus requiring more steps for access. The new house has been constructed at essentially the same footprint as a previous house which was located on the site and destroyed by fire. The footprint of new house is deeper than the original structure. The applicant was unable to cut into the rocky terrain for the rear portion. Therefore, it caused the foundation walls for the front portion of the house to be higher than anticipated. The front wall of the residence aligns with the two (2) residences immediately to the north. Staff believes the proposed step encroachment will have no adverse impact on the adjacent properties or the general area. 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 steps. 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 approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The portion of the steps which extends across the front platted building line must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (July 29, 2013) 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 for approval as recommended by staff. The vote was 4 ayes, 0 nays, and 1 absent. The application was approved.