Loading...
HomeMy WebLinkAboutZ-9282 Staff AnalysisDECEMBER 11, 2017 ITEM NO.: 13 File No.: Z-9282 Owner: Brian and Kristi Clark Applicant: Brian Clark Address: 1803 Foreman Drive Description: Lot 10, Lakeside Heights Addition Zoned: 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 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 located at 1803 Foreman Drive is occupied by a one-story brick and frame single family residence. A two -car wide driveway from Foreman Drive is located at the northwest corner of the property. The property slopes downward from front to back (west to east) to Foreman Lake which is located along thq rear (east) property line. The lot contains a 15 foot front platted building line. Utility easements run along the south side property line and through the middle of the rear yard area. The applicant, Brian Clark, recently purchased this property at 1803 Foreman Drive. Upon receiving a survey of the property, it was realized that the front (southwest) corner of the existing residence slightly crosses the front 15 foot platted building line by approximately 3.5 feet. Approximately 14 square feet of the residence crosses the front platted building line. DECEMBER 11, 2017 ITEM NO.: 13 (CON'T.) _ Z-9282 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 existing residence which crosses a front platted building line. Staff is supportive of the requested building line variance. Staff views the request as reasonable. The existing residence was constructed 25 years ago. It is apparent that a mistake was made when the house was originally laid out on the lot. It seems that the house was pulled forward slightly due to the utility easement which runs through the center of the rear yard area. Staff feels that the front corner encroachment of the residence has had no adverse visual impact on the adjacent properties since the residence was constructed. Staff believes that the building line encroachment will continue to have no adverse impact on the surrounding properties or the neighborhood. 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 building line variance, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (December 11, 2017) 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 were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. 2 DECEMBER 11, 2017 ITEM NO.: 13 File No.: Z-9282 Owner: Brian and Kristi Clark Applicant: Brian Clark Address: 1803 Foreman Drive Description: Lot 10, Lakeside Heights Addition Zoned: 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 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 located at 1803 Foreman Drive is occupied by a one-story brick and frame single family residence. A two -car wide driveway from Foreman Drive is located at the northwest corner of the property. The property slopes downward from front to back (west to east) to Foreman Lake which is located along the rear (east) property line. The lot contains a 15 foot front platted building line. Utility easements run along the south side property line and through the middle of the rear yard area. The applicant, Brian Clark, recently purchased this property at 1803 Foreman Drive. Upon receiving a survey of the property, it was realized that the front (southwest) corner of the existing residence slightly crosses the front 15 foot platted building line by approximately 3.5 feet. Approximately 14 square feet of the residence crosses the front platted building line. DECEMBER 11, 2017 ITEM NO.: 13 (CON'T.) _ Z-9282 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 existing residence which crosses a front platted building line. Staff is supportive of the requested building line variance. Staff views the request as reasonable. The existing residence was constructed 25 years ago. It is apparent that a mistake was made when the house was originally laid out on the lot. It seems that the house was pulled forward slightly due to the utility easement which runs through the center of the rear yard area. Staff feels that the front corner encroachment of the residence has had no adverse visual impact on the adjacent properties since the residence was constructed. Staff believes that the building line encroachment will continue to have no adverse impact on the surrounding properties or the neighborhood. 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 building line variance, subject to the completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT (December 11, 2017) 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 were no further discussion. The item was paced on the Consent Agenda and approved as recommended by a vote of 4 ayes, 0 noes and 1 absent. N