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HomeMy WebLinkAboutZ-9268-A Staff AnalysisOCTOBER 30, 2017 ITEM NO.: 6 File No.: Z-9268 Owner/Applicant: Shamber Uzuh Address: 1908 Kimberly Drive Description: Lot 374, Twin Lakes Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a deck with a reduced side setback. 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 Public Works Issues: No Comments Staff Analysis: The R-2 zoned property at 1908 Kimberly Drive is occupied by a one-story brick and frame single family residence. The property is located on the west side of Kimberly Drive, between Labette Drive and Cerelle Drive. A two (2) car wide driveway from Labette Drive serves as access to the property. A two (2) car wide carport is located on the south side of the residence. A deck structure is located on the north side of the residence. The lot contains a 25 foot front platted building line. The deck located on the north side of the residence is a wood structure approximately 9.4 feet by 24.7 feet in area. The deck is located 0.6 foot to one (1) foot back from the north side property line. The deck floor is approximately one (1) foot to 1.5 feet above grade. The deck is covered by an arbor -type structure, supported by wood posts. The structure is not covered by a solid roof. Wood railing is attached to the wood posts. The applicant notes that the wood deck existed prior to her purchase of the property, a little over one (1) year ago. The applicant recently attached six (6) foot high wood fence pickets to the north side of the deck structure. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the deck with a side setback of 0.6 foot to one (1) foot. OCTOBER 30, 2017 ITEM NO.: 6 (CON'T.) 9268 Staff is supportive of the requested side setback variance. Staff views the request as reasonable. Staff's support is based primarily on the fact that the structure is unenclosed and not covered with a solid roof. With the structure being unenclosed, maintenance on the structure should be able to take place without encroaching onto the property immediately to the north. As noted previously, the deck structure existed on the site prior to the purchase of the property by the current owner. Staff believes the deck structure has existed for approximately two (2) years. Staff feels that the deck structure will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the following conditions. 1. The deck structure must remain unenclosed on its east, west and north sides. 2. The deck structure must not be covered with a solid roof. BOARD OF ADJUSTMENT (October 30, 2017) Shamber Uzuh, Theodis Thompson and Norma Ernest were present, representing the application. There was one (1) person present with concerns. Staff presented the application with a recommendation of approval. Theodis Thompson addressed the Board in support of the application. He explained that the deck existed prior to Ms. Uzuh's purchase of the property, and had existed for approximately two (2) years. He noted that the house is positioned on the lot with a smaller side setback on the north side. Shamber Uzuh also addressed the Board in support of the application. She read her cover letter to the Board. Bernetta Levy, of 1900 Kimberly Drive, addressed the Board with concerns. She read a prepared statement to the Board. She explained that she was not opposed to the deck setback variance, as long as the applicants understood where the side property line was located and did not encroach onto her property. Christopher Smith asked Ms. Levy if there was an issue with the deck when the previous property owner occupied the site. Ms. Levy explained that the previous owner did not live in the house prior to Ms. Uzuh's purchase. Mr. Thompson noted that the issue before the Board was the deck setback. He also noted that the applicants understood the location of the side property line. There was a motion to approve the application, as recommended by staff. The motion passed with a vote of 4 ayes, 0 nays and 1 absent. The application was approved. 2 AUGUST 26, 2019 ITEM NO.: 2 File No.: Owner/Applicant: Address: Description: Zoned: Variance Requested Z-9268-A Shamber Uzuh 1908 Kimberly Drive Lot 374, Twin Lakes Addition R-2 A variance is requested from the area provisions of Section 36-254 to allow a covered deck addition with a reduced side setback. 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 0 n. Public Works Issues: No Comments Staff Analysis; The R-2 zoned property located at 1908 Kimberly Drive is occupied by a one-story brick and frame single family residence. The property is located on the west side of Kimberly Drive, between Labette Drive and Cerelle Drive. A two (2) car wide driveway from Labette Drive serves as access to the property. A two (2) car wide carport is located on the south side of the residence. A deck structure is located on the north side of the residence. The lot contains a 25 foot front platted building line. The deck located on the north side of the residence is a wood structure approximately 9.4 feet by 24.7 feet in area. The deck is located 0.6 foot to one (1) foot back from the north side property line. The deck floor is approximately one (1) foot to 1.5 feet above grade. The deck was covered by an arbor -type structure, supported by wood posts. The structure was not covered by a solid roof. Wood railing is attached to the wood posts. The applicant notes that the wood deck existed prior to her purchase of the property. The applicant attached six (6) foot high wood fence pickets to the north side of the deck structure. On October 30, 2017 the Board of Adjustment approved a variance for a reduced side setback for the existing deck. The side setback variance was approved with the following conditions: AUGUST 26 29, 2019 ITEM NO.: 2 CON'T.) Z-9268-A 1. The deck structure must remain unenclosed on its east, west and north sides. 2. The deck structure must not be covered with a solid roof. Staff supported the previously approved side setback variance. Staff's support was based primarily on the fact that the existing deck was unenclosed and not covered with a solid roof. Since the October 30, 2017 Board of Adjustment approval, the applicant has made changes to the deck addition. The applicant has constructed a solid roof over the deck structure and enclosed the deck with some type of screening. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to continue to allow the deck which has been covered and enclosed with screening with a side setback of 0.6 foot to one (1) foot. Staff does not support the side setback variance to continue to allow the deck addition as the applicant has modified the structure. Staff believes that it was very clear that the Board approved the deck addition as it existed in 2017, rather than having the applicant remove the deck structure from the property. It is staff's opinion that the applicant should restore the deck to its previous condition which existed on October 30, 2017 by removing the solid roof and screening from the deck structure. Staff suggests giving the applicant 30 days to restore the deck to its previous condition as was approved by the Board. C. Staff Recommendation: Staff recommends denial of the requested side setback variance to allow the previously approved deck structure with modifications. Board of Adjustment (August 26, 2019) Shamber Uzuh and Norma Ernest were present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of denial. Shamber Uzuh addressed the Board in support of the application. She explained that she misunderstood the conditions of the previous approval. She provided photos of the deck structure to the Board. Norma Ernest also spoke in support. She stated that they didn't know the deck was in violation when her daughter bought the house. She noted that it would be expensive to remove the roof from the deck structure. AUGUST 26 29, 2019 ITEM NO.: 2 CON'T. Z-9268-A Bernetta Levy addressed the Board in opposition. She noted that there was water run- off onto her property since the solid roof was constructed on the deck structure. She noted that the original deck addition was not covered. There was a motion to approve the application. The vote was 0 ayes, 4 noes and 1 absent. The application was denied. Staff explained that the applicant had 30 days to appeal the Board's decision or take the deck back to its original state by removing the solid roof and screening enclosure from the deck structure. 3