HomeMy WebLinkAboutStaff ReportMEMORANDUM
June 16, 2014
TO: Zoning Board of Adjustments
FROM: Shauna A. Laauwe
SUBJECT: Variance for 214 Stuttgart
Item: Rehearing for the consideration of a variance for 214 Stuttgart, consisting
of a variable side setback encroachment on the northeast side of 1.0' to 3'6".
Applicant: W.R. Tubbs
Item Summary: The encroachment into the required 7.5' side setback is the
greatest at the front of the property and it gradually tapers off to an 1'
encroachment to the rear.
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
Side setback variance
214 Stuttgart Circle
To receive a variance for a construction error.
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 55.31 feet along Stuttgart Cr.
Lot Dimensions: The subject lot is located within the curve of Stuttgart, a cul-
de-sac street, causing the lot to be irregular in shape. The
following lot dimensions are approximate, please refer to
enclosed plan for more detail.
55.31' of frontage along Stuttgart Circle
112.95' southwest (side property line)
126.04' northeast (side property line)
67.01' north (rear property line)
Access: Access is via a front driveway onto Stuttgart.
Topography & Relatively flat, landscaped vegetation.
Vegetation:
Flood Plain: Not located within a flood plain.
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VARIANCE INFORMATION
Setback Required: A side setback of 7.5 feet is required for R-1 Single Family
homes.
Setback Requested: A variable side setback on the northeast side from 6.5' to
4.0'. The encroaching setback is at its least at the rear of the
structure and gradually increases to a maximum of 3'6" at the
front of the home. The applicant therefore, is requesting a
side setback variance of varying length between 1.0' to 3.51
.
ANALYSIS
Special Conditions: The applicant offers a special condition of an error during the
construction of the home. He states that a mistake was made
when the wrong string line was pulled during the placement
of the slab. Due to the property being located on the radii of
a cul-de-sac, several pins are placed in the ground during the
platting process. The applicant's foundation contractor
pulled the side property string line from the wrong pin,
causing the entire structure to encroach into the side setback.
The mistake was not caught during the building inspection
process, due to the contractor and/or surveyor being held
responsible for pulling the correct property lines.
Hardships: The construction of the home is complete, thus the northeast
wall of the existing structure would have to be removed and
replaced. The City currently does not have the policy of
mandating such setback violations to be immediately
rectified.
Alternatives: The only alternative found is to tear down the side wall and
reconstruct the side without 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.
Similar Requests: In the past the Board has granted variances to the side
setback. These cases typically have involved a
nonconforming lot size with a hardship placed on the owner
to have a safe and functional house on the property. The
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Board has also granted variances where the hardship included
no alternatives to the destruction of large and valuable trees.
The Board has heard several "string line" cases over the past
year. On August 3, 1999, a side setback variance of 1.44 and
.55 feet, respectfully, was granted to 2329-2331 and 2325-
2327 Pheasant Lane. In addition, on February 3`d of this year
the Board granted a variance of 0.81' to the side setback for
1114 Carolina Most string line errors and subsequent
variances are minor; thus I was unable to find a mistake of
this magnitude corrected by a Zoning Board of Adjustments
decision.
Number of Property
Owners Notified: 15
Responses Received: I have received several calls regarding this case. Many
callers expressed their disappointment of the mistake, but did
not go as far as to say that the variance should be denied. I
did however have one gentleman who expressed a strong
opinion against the granting of a variance.
ATTACHMENTS
Location Map
Application
Site Plan
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