HomeMy WebLinkAboutZ-9180 Staff AnalysisDECEMBER 12, 2016
ITEM NO.: 4
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
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Cynthia Ashcraft Revocable Trust
Cynthia Ashcraft
10 Chevaux Circle
Lot 1, Block 2, Chevaux Court Addition
R-2
Variance Requested: A variance is requested from the building line provisions of
Section 31-12 to allow an existing residence which crosses a
side 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 10 Chevaux Circle is occupied by a one-story brick single
family residence. The property is located at the north end of Chevaux Circle, with
street frontage along the north (side) and east (front) property lines. A concrete drive
(access easement) is located along the west property line, with a garage at the west
end of the residence. A 25 foot platted building line is located along the front (east)
and side (north) property boundaries.
The applicant recently purchased the residence at 10 Chevaux Circle which was
constructed in 2008. The survey received by the new owner indicates that four (4)
points (corners) of the residence cross the north side platted building line. The
encroachments range from approximately two (2) feet to a few inches. The
encroachments are obviously a mistake which was made when the structure was
originally laid out on the lot.
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 a variance from this ordinance standard to allow the
residence which crosses a side platted building line.
DECEMBER 12, 2016
ITEM NO.: 4
Staff is supportive of the requested variance to allow the existing encroachments
across the side platted building line. Staff views the request as reasonable. The
encroachments were mistakenly made when the residence was constructed in 2008.
The applicant recently purchased the property and wishes to clean up the error. The
encroachments are very minor in nature, ranging from two (2) feet to only a few
inches. The total building area which crosses the side platted building line amounts
to less than twelve (12) square feet. Additionally, the residence does not appear to
be out of alignment with the residence to the west. Staff believes the encroachments
across the side platted building line have no adverse impact on the surrounding
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 side building line for the
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 building line variance, subject to the
completion of a one -lot replat reflecting the change in the side platted building line
as approved by the Board.
BOARD OF ADJUSTMENT (December 12, 2016)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as outlined in the "staff recommendation"
above. There was no further discussion. The item was placed on the consent agenda
and approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.