HomeMy WebLinkAboutSTAFF REPORT 1 .
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Project Manager: Jennifer Reeves Date: 08 -20 -03
Email: jreeves @cstx.gov
Date: 08 -20 -03 ZBA Meeting Date: 09 -02 -03
APPLICANT: Charles Thomas
REQUEST: Side setback variance
LOCATION: 4418 Pickering Place
PURPOSE: To legitimize a setback error made during construction.
GENERAL INFORMATION
Status of Applicant: Builder /Property Owner
Property Owner: Same as Applicant
Applicable
Ordinance Section: Ordinance NO. 2461 (PDD -H, Planned Development
District Housing), and Section 2.3.D.1.a Variances of the UDO - Unified
Development Ordinance.
PHYSICAL CHARACTERISTICS
Zoning and Land Use: The subject property and all surrounding properties are
zoned and developed as PDD -H Planned Development District Housing. The
property is located in Section Four of the Castlegate Subdivision.
Subject Property: The following lot dimensions are approximate, please refer
to the enclosed site plan for more detail.
50' of frontage along Pickering Place
124' northeast (side property line)
108' south (rear property line)
124' southwest (side property line)
Frontage: The subject property Lot 28 of Block 1, has approximately 50' of
frontage along Pickering Place.
Access: Access is given via a driveway onto Pickering Place.
Topography &
Vegetation: relatively flat where the house sits with a slight slope in the front
from the garage to the street. The lot has several existing trees.
Flood Plain: Not located within a flood plain.
VARIANCE INFORMATION
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Setback Required: A side setback of five feet is required for the PDD -H
Standards for Section Four of Castlegate Subdivision.
Setback requested: A side setback of 3.16 foot.
Case Overview: This case involves an error made by the builder in establishing
the (5) five -foot side setback. The result is an encroachment that reaches 3.16
feet from the property line to the closest part of the home; thus the applicant is
requesting a side setback variance of 1.84 - feet.
ANALYSIS
Special Conditions: The applicant states as a special condition that "the builder
at 4416 Pickering mistakenly used the wrong survey pin for his property corner
on the front left corner and it was the only visible pin shown at the time ".
Hardships: The applicant states as a hardship that "all indications that the
survey pin for the right front property pin was correct, #lbecause of the lot 27
fence being perfectly in line from back left property pin and the visible front left,
and #2 the slab was 5 -foot from the same line, #3 Sprinkler heads all set on that
same line, #4 grass sod following the same line, therefore it was good indication
that the pin in question was the correct right front property pin ".
Alternatives: The applicant has offered no alternatives.
SPECIAL INFORMATION
The applicant has stated that the variance will not be contrary to the public
interest by virtue of the following facts, "The adjoining property owner of lot 27
has indicated he would support my variance request for a variance in the side
setback of my lot 28 ".
All building permits now states that one of the responsibilities of the builder is to
provide the string line for all building setbacks and easements on foundation
inspections. If the string line is not up when the inspector performs the
foundation inspection the builder will be red tagged. It is the builder's
responsibility to make sure that the string lines are in the correct locations.
Ordinance Intent: Building setback requirements usually allow for some degree
of control over population density, access to Tight and air, and fire protection.
These standards are typically justified on the basis of the protection of property
values.
Number of Property
Owners Notified: 17
Responses Received: None as date of the staff report.
ATTACHMENTS
Location Map
Application
Site Plan
PDD -H Setback Standards for Castlegate Subdivision
Building Permit Application #03 -1695
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