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HomeMy WebLinkAboutStaff ReportMEMORANDUM June 13, 2014 TO: Zoning Board of Adjustments FROM: Shauna A. Laauwe SUBJECT: Variance for 216 Stuttgart Item: Rehearing for the consideration of a variance for 216 Stuttgart, consisting of a rear setback encroachment of 9.08 feet into the northeast corner of the property. Applicant: W.R. Tubbs Item Summary: A 98.80 square foot section of the back east corner of the existing home encroaches into the required 25' rear setback. At its furthermost point, this corner extends to only 15.93 feet from the rear property line for an encroachment of 9.08 feet. This case was originally heard and denied a variance on July 18, 2000. The Board recommended denial based on a finding of no special conditions or hardships. On August 1 sc of this year, at the applicant's request, the Board granted a rehearing in order to reconsider the original side setback variance. The applicant has not provided Staff with any additional information regarding this item. Attachments: 1. Area map 2. Application 3. Staff Report dated July 12, 2000 4. Minutes of July 18, 2000 ZBA meeting Date: July 12, 2000 APPLICANT: REQUEST: LOCATION: PURPOSE: STAFF REPORT ZBA Meeting Date: July 18, 2000 W.R. Tubbs Rear Setback variance 216 Stuttgart Circle To receive a variance for an error made during construcion. GENERAL INFORMATION Status of Applicant: Builder/Owner Applicable Ordinance Section: Section 7: District Use Schedule — Table A PHYSICAL CHARACTERISTICS Zoning and Land Use: The subject property and all surrounding properties are zoned and developed as R-1 Single Family. The property is located within the Edelweiss Subdivision. Frontage: Approximately 40' of frontage along Stuttgart Circle. Lot Dimensions: The subject lot is located within a main curve of Stuttgart, a cul-de-sac street, causing the lot to be very irregular in shape. Please refer to the enclosed site plan for more detail. 39.72' of frontage along Stuttgart Cr. (east) 112.06' southeast (side property line) 173.36' southwest (side property line) 137.85' northeast (rear property line) Access: Access is provided via afront driveway onto Stuttgart. Topography & Vegetation: Relatively flat with landscaped vegetation. Flood Plain: Not located within a flood plain. P:AFITLTR\PZLTR\PROD\PZ2000\PZ03374.DOC VARIANCE INFORMATION Setback Required: A rear setback of 25 feet is required for R-1 Single Family homes. Setback Requested: A rear setback of 15.92 feet. Case Overview: This case involves a construction error made at the site plan stage. The applicant designed the home believing that the 10 foot public utility easement (PUE) line shown on the plat was the rear setback line. Unfortunately the Building Department, during the plans review process, did not catch the error. During routine inspections, an inspector did request that the setback lines be laid out with a string line. However, thinking that the PUE was the setback line, this was also done in error. The realization of the mistake was not made until the certificate of occupancy was issued. The result of the error is that a 98.80 square foot section of the back east corner of the home is encroaching into the rear setback. At its furthermost point, the corner extends to only 15.92 feet from the rear property line, thus the applicant is requesting a rear setback variance of 9.08 feet ANALYSIS Special Conditions: The applicant offers a special condition of the error made during the construction process. In addition, the Board may consider the lot's irregular shape as a special condition. Hardships: The construction of the home is complete, thus the corner of the home would have to be removed. Alternatives: The only alternative to the variance is to tear down the corner of the home that is encroaching into the setback. The City is not under the current policy of rectifying setback violations. If the variance is denied, any future seller of the home would have to obtain a letter stating that the City does not intend to enforce the setback at that time. SPECIAL INFORMATION Ordinance Intent: Minimum lot size and building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. The applicant has stated that the backyard is large in proportion and that the encroachment will not be a problem to the safety, access or the aesthetics of the subject property or surrounding properties. P:AFITLTR\PZLTR\PROD\PZ2000\PZ03374.DOC P:AFITLTR\PZLTR\PROD\PZ2000\PZ03374.DOC Similar Requests: I was unable to find a rear setback request in which the variance was to rectify a construction error. In the past, the Board has granted several variance requests to rear setbacks for the placement of garages, small expansions and other accessory structures when large alleys or utility easements were present. Most of these cases dealt with older existing homes that create special conditions to restrict their expansion, or restrict the placement of new garage structures. On April 4t' of this year, the Board denied a rear setback variance request of 7 feet for 3500 Regal Row. The Board denied the case due to a lack of special conditions or unnecessary hardships. On October 3, 1995, the Board granted a 4.3' rear setback variance for the expansion of the main structure for a living area at 1106 Woodhaven. The special conditions in that case was lot depth and shape. A rear setback variance was also granted to 1107 Woodhaven on October 19th of last year. The variance of 9 feet was granted partly due to special conditions of the property's irregular lot shape and dimensions. Number of Property Owners Notified: 15 Responses Received: I have received several calls inquiring about this case. One caller was opposed to the variance due to concerns relating to neighboring property values. ATTACHMENTS Location Map Application Site Plan P:AFITLTR\PZLTR\PROD\PZ2000\PZ03374.DOC