HomeMy WebLinkAboutZ-9327 Staff AnalysisJUNE 25, 2018
ITEM NO.: B
File No.: Z-9327
Owner/Applicant: Jim Garrett and Ruthanne Murphy
Address: 609 S. Michael Place
Description: East side of St. Michael Place, north of St. Michael Drive
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-156 and the building line provisions of Section 31-12 to
allow a storage building with reduced rear (street fronting)
setback and which crosses a rear 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
0
Public Works Issues:
No Comments
Staff Analysis:
The R-2 zoned property located at 609 St. Michael Place is occupied by a one-story
frame single family residence. The property is located on the east side of St. Michael
Place, north of St. Michael Drive. The lot backs up to Loyola Drive, which is located
along the rear (east) property line. A two -car wide driveway is located at the
southwest corner of the lot. The lot contains 25 foot front and rear platted building
lines.
The applicant proposes to construct a one-story 12 foot by 20 foot detached storage
building within the rear yard area, as noted on the attached site plan. The proposed
accessory structure will be located at the northeast corner of the lot. The accessory
structure will be located six (6) to eight (8) feet back from the rear (west) property
line and five (5) feet back from the north side property line. It will be separated from
the principal structure by approximately 20 feet. The majority of the proposed
accessory structure will be located between the 25 foot platted rear building line and
the rear (west) property line.
Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum rear
(street fronting) setback of 60 feet for accessory structures on double -frontage lots.
JUNE 25, 2018
ITEM NO.: B
Section 31-12(c) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment.
Z-9327
Therefore, the applicant is requesting variances from these ordinance standards to
allow the accessory storage building with a reduced rear (street fronting) setback
and which crosses a rear platted building line.
Staff is supportive of the requested rear setback and building line variances. Staff
views the request as reasonable. The proposed accessory structure within the rear
yard area will not be out of character with many other similar structures throughout
this neighborhood. The rear property line of the subject property is located along a
street right-of-way which requires that an accessory structure have a 60 foot front
and a 60 foot rear setback. This requirement would locate an accessory structure
within the side yard of this lot which is only 118 to 131 feet deep. An accessory
structure within a side yard would be out of character with the neighborhood. A six
(6) foot high wood fence is located along the rear (west) property line of this lot. The
fence will hide a large portion of the proposed accessory structure, as viewed from
Loyola Drive. Staff believes the proposed accessory storage building with reduced
rear (street fronting) setback and which crosses a rear platted building line will have
no adverse impact on the adjacent 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 rear building line for the
accessory structure. The applicant should review the filling procedure with the
Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance.
Staff believes that the rear platted building line on this lot could be for principal
structures only. The applicant needs to review the Bill of Assurance for this
subdivision to determine the purpose of the rear platted building line. If it is
determined that the rear platted building line is for principal structures only, a replat
of the lot will not be required, and the variance granted by the Board of Adjustment
will be for the reduced rear setback only.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line variances,
subject to the completion of a one -lot replat reflecting the change in the rear platted
building line as approved by the Board, if it is determined that the rear platted
building line applies to accessory structures.
BOARD OF ADJUSTMENT (May 21, 2018)
The applicant was not present. There were no objectors present. Staff informed the Board
that the item needed to be deferred as the applicant failed to complete the required
notices. There was no further discussion. The item was placed on the consent agenda
and approved for deferral to the June 25, 2018 meeting by a vote of 4 ayes, 0 noes and
1 absent.
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JUNE 25, 2018
ITEM NO.: B
BOARD OF ADJUSTMENT
Z-9327
(June 25, 2018)
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 staff, including all staff comments and conditions. The
vote was 3 ayes, 0 noes and 2 absent.
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