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HomeMy WebLinkAboutZ-8887 Staff AnalysisOCTOBER 28, 2013 ITEM NO.: 3 File No.: Z-8887 Owner/Applicant: Alejandro Gutierrez Address: 13 Johnnycake Lane Description: Lot 457, Pleasantree 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 an existing house with a reduced front setback 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 13 Johnnycake Lane is occupied by a one-story rock and frame single family residence. There is a two -car wide driveway at the northwest corner of the property. The driveway leads to a garage at the north end of the residence. The property is located near the end of a cul-de-sac street, with a "T" turnaround at its terminus. The single family lot contains a 25 foot front platted building line which follows the shape of the "T" turnaround, as does the front property line. The existing single family residence was constructed in 1975. A portion of the residence at its northwest corner extends across the front platted building line, as noted on the attached sketch map. Approximately 180 square feet of the residence extends across the front platted building line. 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 Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the residence with reduced front setback and which crosses a front platted building line. OCTOBER 28, 2013 ITEM NO.: 3 CON'T. The property owner, Alejandro Gutierrez, recently purchased the residence. At closing, the title company informed Mr. Gutierrez that a variance needed to be obtained for the front encroachment. Staff supports the requested front setback and building line variances. Staff views the request as reasonable. The applicant recently purchased the property/residence for which an obvious plotting error was made almost 40 years ago when the house was constructed. Staff feels that the existing house placement has had no negative visual impact on the surrounding residences. With the curvature of the street, the front of the existing residence aligns with the houses to the south along Johnnycake Lane. Staff believes the residence with reduced front setback at the one (1) front corner has 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 existing residence. 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 completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (October 28, 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.