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HomeMy WebLinkAboutZ-9180 Staff AnalysisDECEMBER 12, 2016 ITEM NO.: 4 File No.: Owner: Applicant: Address: Description: Zoned: �5• 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.