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HomeMy WebLinkAbout09/13/1990 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting el- ZONING BOARD OF APPEALS AGENDA September 13, 1990 i• Roll call. 2. Appeal #1960. Reduce the required rear yard setback along the south lot line from 15 feet to 10.5 feet for a private school in the RL zone. The school would like to convert the existing house into a school building. Section 29-133(4) by Carol Nees, 512 Cook Drive. 3• Appeal #1961. Reduce the required rear yard setback along the south lot line from 15 feet to 5 feet for a new, detached two-car garage in the RL zone. Section 29-133(4) by Patrick McGaughran, owner, 1321 Westward. 4• Appeal #1962. Reduce the required rear yard setback from 15 feet to 38 inches for a storage shed in the RL zone. The shed is 144 square feet and 11 feet high. Section 29-133(4) by Duane Bertsch, owner, 300 Bluebird Court. 5. Appeal 411963. Reduce the required lot width from 75 feet to 60 feet and reduce the required rear yard setback to an alley from 20 feet to 14 feet for a retail store in the BL zone. The variance would also eliminate the requirement to provide a 5 foot landscape strip along the south lot line and a 10 foot landscape strip along Plum Street. The variance would also reduce the required 15 foot landscape strip along College to an average of 8 feet. These variances are for the existing building and parking lot at this location and are required because of the change of use from restaurant to retail. Section(s) 29-303, 29-493(i) by Mark Bolinger, potential tenant, 802 S. College Avenue. 6. Appeal #1964. Reduce the required lot area from 6000 sq. ft. to 5750 sq• ft. , and the required lot width from 60 feet to 50 feet for a new single family home in the RM zone. The home is an existing one-story house which will be moved onto this undeveloped lot. Section(s) 29-178(1), 29-178(2) by Norma Tamez, 425 Park Street. 7. New business: a. Election of officers ram" ZONING BOARD OF APPEALS AGENDA Annual Meeting September 13, 1990 Appeal #1960 --- 512 Cook Dr. -- Petitioner: Carol Nees, potential buyer --- Zone: RL --- Section: 29-133 (4) --- The variance would reduce the required rear yard setback along the south lot line from 15 feet to 10.5 feet for a private school in the RL zone. The school would like to convert the existing house into a school building. --- Petitioner's statement of hardship: The petitioner would like to buy this ;1 house and convert it to a school. The zone allows schools as a permitted use. The existing building is already located at a 10.5 foot setback, and it would not be feasible to move the building. The playground will be located at the north end of the lot so the houses to the south should not be impacted by this proposed school use. --- The proposed change of use requires compliance with the Code. The lot is a corner lot, with the narrowest street frontage being along Mulberry. By definition then, the Mulberry lot line is considered the front lot line, and the lot line opposite is the rear lot line. That is why the south property line is considered the rear, even though it is actually the side of the building. If it were considered to be a side lot line, then this zone requires a 25 foot side yard setback for a school as compared to a 5 foot side yard setback for a house. 60 CAat."' U'6C 04�� 3 C�:30 - 3 '.30 Appeal #1961 --- 1321 Westward --- Petitioner: Patrick McGaughran, owner --- Zone: RL ' --- Section: 29-133 (4) --- The variance would reduce the required rear yard setback along the south lot line from 15 feet to 5 feet for a new, detached two-car garage in the RL zone. --- Petitioner's statement of hardship: The only place where a garage addition to the house could be built would require the elimination of bedroom windows for 2 bedrooms. A detached, 2-car garage can't be built anywhere on the lot without a variance. The owner would like to convert the existing garage into a bedroom and desires to build a new garage. --- Staff comments: None. Appeal #1962 --- 300 Bluebird Ct. --- Petitioner: Duane Bertsch, owner --- Zone: RL --- Section: 29-133 (4) �l r , -- The variance would reduce the required rear yard setback from 15 feet to 38 inches for a storage shed in the RL zone. The shed is 144 square feet and 11 feet high. Petitioner's statement of hardship: The back yard has a considerable slope. The only level area of the yard is toward the rear lot line, and this is the best area to locate the shed because of the topography. The rear of this lot abuts detention ponds and railroad, so no development can occur behind this property, therefore the intent of the Code is met. --- Staff comments: The topographic condition of a lot may be considered to be a legitimate hardship. Appeal #1963 --- 802 S. College Ave. - Petitioner: Mark Bolinger, potential tenant --- Zone: BL -- Section: 29-303, 29-493 (1) --- The variance would reduce the required lot width from 75 feet to 60 feet and reduce the required rear yard setback to an alley from 20 feet to 14 feet for a retail store in the BL zone. The variance would also eliminate the requirement to provide a 5 foot landscape strip along the south lot line and a 10 foot landscape strip along Plum Street. The variance would also reduce the required 15 foot landscape strip along College to an average of 8 feet. These variances are for the existing building and parking lot at this location and are required because of the change of use from restaurant to retail. --- Petitioner's statement of hardship: The building and parking lot are existing and in place. If installation of the five foot landscape strip along the south lot line is required, then five parking spaces will be eliminated since they would then be in the driveway area. This would not be a safe condition. Because the parking area is so small it would be very difficult to add landscaping and still maintain an adequate number of parking spaces in a safe, efficient parking lot. A variance was approved in 1978 for the rear setback when the building changed from retail to restaurant. Changing from restaurant to retail now requires the same variance. The existing landscape areas will be cleaned up and maintained to whatever standards the City requires. --- Staff comments: None Appeal #1964 ---- 425 Park Street --- Petitioner: Norma Tamez, owner Zone: RM -- Section: 29-178 ( 1), 29-178 (2) The variance would reduce the required lot area from 6000 square feet to 5750 square feet, and the required lot width from 60 feet to 50 feet for a new single family home in the RM zone. The home is an existing one— story house which will be moved onto this undeveloped lot. Petitioner's statement of hardship: The lot is an older lot and is platted with less width and lot area than todays code requires. Without a variance nothing can be built. This same variance was granted in May 1989, but has since expired. --- Staff comments: It would not be appropriate for the Board to deny someone reasonable use of their lot. That is what would happen if this variance were denied, since a single family house is considered to be the most reasonable use allowed in the zone in terms of impact to the neighborhood. Since the lot is undeveloped, not allowing any use on the property would be very questionable. If the owner had taken a legally complying lot and changed the original lot line configuration, then the hardship could possibly be self—imposed. But when the lot is in its original platted configuration, such as this one, then a valid hardship exists in terms of being able to develop the lot and put it to some use. Other Business: ---- Election of officers.