Loading...
HomeMy WebLinkAboutZ-9439 Staff AnalysisAUGUST 26, 2019 ITEM NO.: D File No.: Owner/Applicant: Address: Description: Zoned: Z-9439 Marilyn Grady 6404 Heather Lane Lot 34, Block 9, Richland Addition R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a carport addition with reduced front and side setbacks and 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 Q Public Works Issues: No Comments Staff Analysis: The R-2 zoned property located at 6404 Heather Lane is occupied by a one-story frame single family residence. The property is located on the north side of Heather Lane, between Richland Drive and Loma Drive. A two -car wide driveway from Heather Lane is located at the southeast corner of the property. The lot contains a 25 foot front platted building line. The applicant proposes to construct a two -car wide metal carport addition to the front of the residence, as noted on the attached site plan. The proposed carport addition will be 20 feet by 20 feet in area. The structure will be unenclosed on its south, east and west sides. The carport addition will be located approximately nine (9) feet from the front (south) property line, extending approximately 16 feet across the front platted building line. The carport addition will be located approximately two (2) feet from the east side property line. Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require a minimum front setback of 25 feet and a minimum side setback of six (6) feet. Section 31-12(b) of the Subdivision Ordinance requires that building line encroachments be reviewed AUGUST 26, 2019 ITEM NO.: D (CON'T. and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front and side setbacks and which crosses a front platted building line. Staff does not support the requested setback and building line variances. Staff does not view the request as reasonable. The proposed front setback and building line encroachment will be out of character with the general area and the other residences along both sides of Heather Lane. There is one (1) similar encroachment with a metal carport addition immediately to the east at 6406 Heather Lane. Staff believes this carport structure was constructed within the last five (5) years and constitutes a zoning violation. Staff will initiate enforcement on this violation. Otherwise, there are no similar encroachments along either side of Heather Lane. Staff believes the proposed carport addition with front setback and building line encroachments will have an adverse visual impact on the surrounding properties. 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 addition. 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 denial of the requested setback and building line variances. Board of Adjustment (July 29, 2019) Marilyn Grady was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Marilyn Grady indicated that she wished not to speak at this time. Chairman Allison noted that he would like to see the carport addition centered over the driveway and pulled away from the side property line. Carolyn Lindsey -Polk noted that the carport addition could be placed along side of the house in addition to the front of the residence, if the company making the carport had that flexibility. Vice -Chair Bertran asked what company would be making and installing the carport. Ms. Grady noted that it would be Custom Covers of Arkansas. She presented paperwork/brochures from that company to the Board. There was additional discussion about the possibility of Ms. Grady revising the application by centering the carport addition over the existing driveway and decreasing the size/depth of the proposed carport addition, thereby increasing the front setback. The Board indicated to Ms. Grady that letters of support from immediate neighbors could help_ her case for reduced front setback. 2 AUGUST 26, 2019 ITEM NO.: U CON'T. Z-9439 Ms. Grady requested that the application be deferred to the August 26, 2019 agenda to give her time to explore her options. A motion was made to defer the application to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. The application was deferred. Staff Update: The applicant submitted a revised site plan to staff on August 2, 2019. The revised site plan reduces the size of the proposed carport addition from 20' x 20' to 14' x 20'. The smaller proposed carport addition has been moved and centered over the existing two - car wide driveway, increasing the proposed side setback from two (2) feet to five (5) feet. The proposed front setback has been increased from nine (9) feet to 13 feet. Staff is supportive of the requested setback and building line variances associated with the revised site plan. Staff's support is based primarily on the fact that there are four (4) or five (5) other similar carport encroachments within this subdivision. Staff feels that the applicant has decreased the size of the proposed carport addition as much as possible, so as to still allow parking and access to the house being out of the weather. Staff believes the proposed carport with setback and building line variances will have no adverse impact on the adjacent properties or the general area. Revised Staff Recommendation: Staff recommends approval of the requested setback and building line variances, as associated with the revised site plan, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line, as approved by the Board. 2. The carport addition must remain unenclosed on its east, west and south sides. Board of Adjustment (August 26, 2019) 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 and 1 absent.