HomeMy WebLinkAboutStaff ReportSTAFF REPORT
Date: March 22, 2000 ZBA Meeting Date: April 4, 2000
APPLICANT: William H. Rupley
REQUEST: Variance to the rear setback.
LOCATION: 718 Willow Loop
PURPOSE: To allow the construction of an attached car port.
GENERAL INFORMATION
Status of Applicant
Property Owner:
Applicable
Ordinance Section
Property Owner
William H. and Agnes E. Rupley
Section 7: Schedule of District Uses — Table A
PHYSICAL CHARACTERISTICS
Zoning & Land Use: The subject property and all surrounding properties are
zoned and developed as R-1 Single Family Residential
neighborhoods. The property is located in Phase II of the
Brandon Heights Subdivision.
Frontage &
Lot Dimensions: The lot has approximately 67' of frontage along
Willow Loop. The property has an unusual lot shape,
please refer to the enclosed property layout for
dimensions.
Access: Access is provided to Willow Loop via a driveway on
the east side of the subject property.
Topography &
Vegetation: Relatively flat with landscaped vegetation.
Flood Plain: Not located within the flood plain.
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Setback Required: Minimum rear setback of 20 feet is required for garages
and carports.
Setback Requested: Varies from 5' to 11'.
Case Analysis: The applicant proposes to construct a 440 sq.ft. carport
addition to the rear of his home. Approximately half of
this carport would lie within the 20 foot setback. The
proposed carport is angled in such a way as to
encroach into the rear setback by 9 feet at one rear
corner and by 15 feet at the opposite corner.
Therefore, the applicant is requesting a rear
setback variance of 15 to 9 feet.
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Special Conditions: The applicant offers a special condition of limited
access, stating that the only access to the proposed
carport is through the existing driveway. Another
special condition that may be considered by the Board
is a 50 foot common area/utility easement at the rear of
the property that separates the subject property from
the neighbor directly behind the proposed carport.
Hardships: The applicant did not state a hardship on the
application. When I called the applicant to explain this
section of the application, he stated that he wished for
the issue of limited access to also be considered as a
hardship.
Alternatives: Staff offers the following alternatives:
Relocate the proposed carport to the side of the
home. (This relocation may encroach slightly into
the 10' utility easement, which would require
approval from City Council.)
2. The Board may grant a variance less than is
requested (0' to 15').
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SPECIAL INFORMATION
Ordinance Intent: Building setback requirements usually allow for some
degree of control over population density, access to
light and air, and fire protection. Rear setbacks also
provide for a usable backyard area. These standards
are typically justified on the basis of the protection of
property values.
Similar Requests: In the past, the Board has granted variance requests
to rear setbacks for the placement of garages and
other accessory structures when large alleys or utility
easements were present. Most of these cases have
dealt with older existing homes that create special
conditions to restrict their expansion, or restrict the
placement of the new garage.
Most recently, on December 7, 1999, the Board
granted an 18' rear setback variance to 204-A
Fairview to allow for an accessory building. The
special condition stated in the case was the location
of a 20 foot unused alley behind the property that
allowed for separation between the rear neighboring
property. The property is located in an older area of
the City where numerous nonconformities exist and
several variances have been granted due to the age
of the subdivision predating current regulations.
On March 2, 1993, 3221 Westchester, which is
located in the Brandon Heights area, was granted a 3'
variance to the side setback due to the property being
adjacent to a common area.
Number of Property
Owners Notified: 14
Responses Received: One call has been received as of March 29, 2000.
The caller did not express a particular opinion for or
against the request.
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Location Map
Application
Site Plan
Architectural rendering
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