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HomeMy WebLinkAboutZ-9365 Staff AnalysisOCTOBER 29, 2018 ITEM NO.: 2 File No.: Owner: Applicant: Address: Description: Zoned: Z-9365 Chenal Valley Construction Joseph Miles, Chenal Valley Construction 20 Waterside Drive Southwest corner of Waterside Drive and Ironwood Drive Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow a residence which crosses a street 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 0 Public Works Issues: No Comments. Staff Analysis: The R-2 zoned property located at 20 Waterside Drive is occupied by a two-story brick and frame single family residence which was recently constructed. The property is located at the southwest corner of Waterside Drive and Ironwood Drive. A two -car wide driveway is located near the northeast corner of the lot and serves a garage at the front corner of the house. The lot contains a 25 foot platted building line along the front (east) and street side (north) property lines. The house which was recently constructed encroaches across the north street side platted building line by approximately two (2) feet. The resulting setback from the north street side property line ranges from 23.01 to 23.11 feet. The applicant notes that a mistake was made when the footing was laid out, with the mistake not being realized until a survey was completed after the residence was constructed. All other building setbacks comply with ordinance standards. Section 31.12(b) 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 new residence which crosses a street side platted building line. OCTOBER 29, 2018 ITEM NO.: 2 CON'T. Z-9365 Staff is supportive of the requested platted building line encroachment. Staff views the request as reasonable. A mistake was made when the footings for the home were laid out, resulting in a very minor encroachment (7.9 percent) across the street side platted building line. The minor encroachment should 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 street side building line for the new 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 street side platted building line as approved by the Board. Board of Adjustment (October 29, 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 4 ayes, 0 noes, 0 absent and 1 open position. 2