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HomeMy WebLinkAboutZ-9289 Staff AnalysisMARCH 26, 2018 ITEM NO.: B File No.: Z-9289 Owner/Applicant: Isaac Akins Address: 23 Windsor Drive Description: East side of Windsor Drive, north of Southmont Drive Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow a satellite dish with reduced front 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 A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property located at 23 Windsor Drive is occupied by a one-story frame single family residence. The property is located on the east side of Windsor Drive, north of Southmont Drive and Hindman Park Way. A two -car wide driveway is located at the southwest corner of the property. The property slopes downward from south to north. A small satellite dish on a pole is located in the front yard area, as noted on the attached site plan. The dish was recently installed by the applicant for television service. The satellite dish with pole is approximately seven (7) feet tall. The satellite dish is located approximately 20 feet back from the front (west) property line and 13 feet back from the north side property line. Section 36-2 of the City's Zoning Ordinance defines "satellite, television, signal receiving dishes, ground -mounted" as accessory structures. Section 36-156(a)(2)c. requires a minimum front setback of 60 feet for accessory structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow the satellite dish with a reduced front setback. The City's enforcement staff recently issued a notice of violation to the applicant as a result of a citizen complaint. MARCH 26, 2018 ITEM NO.: B (CON'T. Z-9289 Staff does not support the requested front setback variance for the satellite dish. Staff does not view the request as reasonable. The requested front setback variance is fairly significant, representing a 67 percent encroachment into the required 60 foot front setback for accessory structures. Staff believes that it is possible to move the satellite dish and pole back to the front wall of the house, with the pole attached to the residence's front facia, and still maintain reception. If this is done, the satellite dish would be considered part of the principal structure, and no setback variance would be required. Staff feels that the applicant should explore this option. Otherwise, staff believes that the satellite dish located within the front setback for accessory structures (and principal structures) creates an adverse visual impact for the adjacent properties. C. Staff Recommendation: Staff recommends denial of the requested front setback variance for the proposed satellite dish. BOARD OF ADJUSTMENT (January 29, 2018) The applicant was not present. There were no objectors present. Staff informed the board that the item needed to be deferred since the applicant did not complete the required notification. There was no further discussion. The item was placed on the consent agenda and approved for deferral to the February 26, 2018 agenda by a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT (February 26, 2018) Staff informed the Board that the applicant submitted a letter on February 20, 2018 requesting this application be deferred to the March 26, 2018 agenda. Staff supported the deferral request. The application was placed on the consent agenda and deferred to the March 26, 2018 agenda by a vote of 5 ayes, 0 noes and 0 absent. BOARD OF ADJUSTMENT (March 26, 2018) Isaac Akins was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. 2 MARCH 26, 2018 ITEM NO.: B Z-9289 Isaac Akins addressed the Board in support of the application. He explained that service technicians had been to his property on two (2) occasions and found that the current location of the satellite dish was the only spot where reception could be obtained. He noted that the technicians had looked at the entire property, and found that the dish could not be located anywhere else, including attached to the house. Frank Allison asked if the findings of the technicians would change staff's recommendation. Staff noted that the recommendation would not change, based primarily on the fact that other options are available for television service that do not involve satellite dishes. The issue was further discussed. Vice -Chair Lindsey Polk noted that there was a problem with technicians who install satellite dishes without respect to the City's ordinance requirements. There was further discussion regarding the City's enforcement procedures. Jeff Yates noted that AT&T Uverse service was available to Mr. Akins' property. He noted support of the staff's recommendation, based on the fact that other options were available for television service. There was a motion to approve the application. The motion failed by a vote of 0 ayes, 5 nays and 0 absent. The application was denied.