HomeMy WebLinkAboutZ-8942 Staff AnalysisJULY 28, 2014
ITEM NO.: A
File No.: Z-8942
Owner/Applicant: Kevin and Meredith Gann
Address: 12 Mockingbird Lane
Description: Lot 533, Kingwood Place Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-156
to allow a detached carport addition with reduced front setback and separation.
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
V
Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 12 Mockingbird Lane is occupied by a one-story brick
and frame single family residence. The property is located on the north side of
Mockingbird Lane, between Keightly Drive and Indian Trail. There is a two -car
wide driveway from Mockingbird Lane at the southwest corner of the lot. A garage
is located at the southwest corner of the house.
The applicant recently began construction of an 18 foot by 18 foot detached
carport over a portion of the existing driveway, as noted on the attached site plan.
The carport structure has been framed, and is located approximately one (1) foot
from the facia of the house. The detached carport structure is located 10 to 12 feet
back from the west side property line and 12 feet to 14 feet back from the front
(south) property line. The carport is unenclosed on all sides.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory
(detached) structures be located at least 60 feet back from front property lines in
residential zones. Section 36-156(a)(2)b. requires that accessory structures be
separated from principal structures by at least six (6) feet. Therefore, the applicant
is requesting variances from these ordinance standards to allow the detached
carport with a reduced front setback and separation.
JULY 28, 2014
ITEM NO.: A CON'T.)
Staff does not support the requested variances. Staff does not view the variances
as reasonable. The proposed encroachment into the required front setback is out
of character with the neighborhood. There are no similar encroachments along
either side of Mockingbird Lane. Staff was also unable to identify any similar front
encroachments within the overall neighborhood. Staff believes the proposed
carport structure is out of place and that it has an adverse visual impact on the
adjacent properties as well as the other properties along Mockingbird Lane.
C. Staff Recommendation:
Staff recommends denial of the requested setback and separation variances.
BOARD OF ADJUSTMENT
(May 19, 2014)
Kevin Gann was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of denial.
Kevin Gann addressed the Board in support of the application. He noted that the
existing garage at the southwest corner of the home was not fully functional for parking
as it was not very deep. He noted that there were other homes in the area which had
covered parking. He explained the need for covered parking for his family and
presented photos to the Board.
There was a brief discussion regarding the existing garage and what could be built and
added to the existing garage. Mr. Gann indicated that he could shorten the carport to
14 feet and attach it to the house. This issue was discussed further.
Procedural issues were briefly discussed. The issue of deferring the application was
discussed.
Vice -Chairman Wingfield noted that he could not support the front setback variance as
proposed. The issue of revising the application was discussed.
Mr. Gann requested that the application be deferred to the June 30, 2014 Agenda. A
motion was made to defer the application to June 30, 2014. The motion passed by a
vote of 4 ayes, 0 nays and 1 absent. The application was deferred.
Staff Update:
On June 9, 2014, the applicant submitted a letter to staff requesting that this application
be deferred to the July 28, 2014 agenda. Staff supports the deferral request.
JULY 28, 2014
ITEM NO.: A CON'T.)
BOARD OF ADJUSTMENT
(June 30, 2014)
Staff informed the Board that the applicant submitted a letter requesting deferral of the
application to the July 28, 2014 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda for deferral to the July 28, 2014 Agenda.
The vote was 4 ayes, 0 nays and 1 absent. The application was deferred.
Staff Update.. -
The applicant submitted a revised site plan to staff on June 24, 2014. The revised plan
shows the proposed carport being shortened to 15 feet and attached to the house. The
carport remains 18 feet wide, and unenclosed on its east, west and south sides. The
resulting front setback is 16.5 feet at the southwest corner of the proposed carport and
17.5 feet at the southeast corner.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback
of 25 feet. Therefore, the applicant is requesting a variance from this section to allow
the carport addition as revised with a reduced front setback. Based on the fact that the
carport is now shown to be attached, there is no variance from Section 36-156.
Staff does not support the plan as revised by the applicant. Staff believes the carport
should have a slightly increased front setback. As noted at the May 19, 2014 hearing,
staff could support a variance to allow a minimum front setback of 20 feet.
BOARD OF ADJUSTMENT
(July 28, 2014)
Kevin Gann was present, representing the application. There were no objectors
present. Staff presented the revised application with a recommendation of denial.
Kevin Gann addressed the Board in support of the application. He noted that the
design of the carport addition was in keeping with the residence and neighborhood. He
noted that the size of the proposed carport had been reduced to a minimum size without
impacting access to the rear yard area. He presented a petition of support from
neighbors. The size of the carport was briefly discussed.
There was a motion to approve the reduced front setback variance associated with the
revised plan, subject to the carport addition remaining unenclosed on its east, west and
south sides. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The revised
application was approved.