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HomeMy WebLinkAbout11/12/1992 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS November 12, 1992 1 . Roll call. 2. Appeal 2046 . The variance would reduce the required rear yard setback from 15 ft. to 3 ft. , and would reduce the required side yard setback along the south lot line from 5 ft. to 4 ft. and 9 inches in order to allow a 19 'X20 ' detached garage to be built in the RM zone. The new garage would replace the previously existing one-car garage. Section 29-178 (4) , 29- 178(5) by Robert Alberto, 121 Third St. 3 . Appeal 2048. The variance would eliminate the required landscape buffer between the sidewalk and the parking area. Specifically, the variance would allow a parking area to exist without the required 15 foot landscape buffer along College Avenue and the required 10 foot landscape buffer along Olive Street. The landscaping required is a result of a proposed change of use from gas station to retail store. Section 29- 493( 1 ) by Rick Emery, 303 S. College Avenue. 4 . Appeal 2049. The variance would reduce the required front yard setback from 15 feet to 6 feet in order to allow a new porch cover to be built, replacing the existing fiberglass porch cover. The home is located in the NCM zone. Section 29-167 (3) by Mike Rossi, 815 W Magnolia. 5. Other business. ZONING BOARD OF APPEALS AGENDA Regular Meeting November 12, 1992 Appeal 2046 --- 121 Third St --- Petitioner: Robert Alberts, owner --- Zone: RM ,V --- Section 29-178 (4) , 29-178(5) v --- The variance would reduce the required rear yard setback from 15 ft. to 3 ft. , and would reduce the required side yard setback along the south lot line from 5 ft. to 4 ft. 9 inches in order to allow a 20'X 21 ' detached garage to be built in the RM zone. The new garage would replace the previously existing one-car garage. --- Petitioner' s statement of hardship: The previous garage was very old and in poor condition. The owner wants to build a newer and slightly larger garage at the same setback locations using the existing foundation. There is an alley along the rear property line which will act as a buffer and preserve the intent of the code. The owner proposes to use the existing driveway. A mature tree would need to be removed if the garage must be built 10 feet further to the east in order to comply with the code. --- Staff comments: Landscaping and existing setbacks have been grounds for variances when the request is reasonable and the Board has determined that there is no detriment to the public good. Appeal 2048 --- 303 S. College Avenue --- Petitioner: Rick Emery, contractor and owner' s representative. --- Zone: BG - Section 29-493 ( 1 ) --- The variance would eliminate the required landscape buffer between the sidewalk and the parking area. Specifically, the variance would allow a parking area to exist without the required 15 foot landscape buffer behind the sidewalk along College Avenue and the required 10 foot landscape buffer Gbehind the sidewalk along Olive Street. The landscaping required is a result of a proposed change of use from gas (� G� station to retail store. --- Petitioner's statement of hardship: The building and parking area already exist and the configuration of the two make the installation of the required landscape buffers impractical. If the buffers were installed, the remaining parking area would be unusable. Also, the owner feels that the intent of the code is being met as there exists a more than adequate buffer between the curb and the sidewalk. ---- Staff comments: If the buffers along College and Olive are required, then the parking lot will only be able to accomodate one parking space. The intent of the code requirement is to provide a visual landscape buffer along the street. Since sidewalks are generally attached to the curb, or are only detached by about 5 feet, there usually is not an opportunity to provide an adequate buffer anywhere but behind the sidewalk. In this location however, the sidewalk is detached 28 feet from the curb along College, and 13 feet from the curb along Olive. These areas do provide a landscape opportunity between the curb and sidewalk, instead of behind the sidewalk. The building is existing and can't be moved, and the lot is very small. In addition, the Board granted similar variances to the two properties directly to the south when they redeveloped. Appeal 2049 --- 815 W Magnolia --- Petitioner: Mike Rossi, contractor --- Zone: NCM --- Section 29-167 (3) --- The variance would reduce the required front yard setback from b (� 15 feet to 6 feet in order to allow a new porch cover to be built, replacing the existing fiberglass porch cover. The home is located in the NCM zone. --- Petitioner's statement of hardship: The owner desires to replace an existing fiberglass porch cover with a wood rafter porch cover which will match the existing home. The new porch cover will be the same size as the existing one. The setback is existing and the existing concrete stoop will remain. The lot is only 50 feet deep, so it is very shallow. The porch cover will still be 26 ' from the curb. ram` --- Staff comments: None.