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Home My WebLink About02/06/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting ZONING BOARD OF APPEALS AGENDA Regular Meeting February 8, 2001 1. Roll Call 2. Approval of the Minutes from the December 14, 2000, meeting. 3. Appeal : 2318 The variance would reduce the required rear yard setback along the south lot line from fifteen feet to six feet, eight inches in order to allow the construction of a ten foot by thirteen foot utility room addition. The addition would be constructed on the west end of the existing four-plex building. The addition will not displace any parking. Section 4.3(D)(2)(c), by Zakco Commercial Consultants, Inc., Contractor. 2405 Crabtree Drive. 4. Appeal : 2319 There is an existing garage behind the home at 331 Scott Avenue and to the east of the home at 1320 W. Magnolia Street. This existing garage straddles the lot line between the two homes. The petitioner, who is the owner of both lots, desires to expand the existing garage. Since the addition straddles the lot line in the same manner as the existing garage, a variance is required in order to reduce the required rear setback of 331 Scott Avenue from fifteen feet to zero feet and to reduce the required side setback of 1320 W. Magnolia Street from five feet to zero feet. The addition will be set back from Magnolia Street ten feet further than either of the two homes. Section 4.6(E)(3) and 4.6(E)(4), by Philippe Lindheimer, Owner. 331 Scott Avenue. 5. Appeal : 2320 There is an existing garage behind the home at 331 Scott Avenue and to the east of the home at 1320 W. Magnolia Street. This existing garage straddles the lot line between the two homes. The petitioner, who is the owner of both lots, desires to expand the existing garage. Since the addition straddles the lot line in the same manner as the existing garage, a variance is required in order to reduce the required rear setback of 331 Scott Avenue from fifteen feet to zero feet and to reduce the required side setback of 1320 W. Magnolia Street from five feet to zero feet. The addition will be set back from Magnolia Street ten feet further than either of the two homes. Section 4.6(E)(3) and 4.6(E)(4), by Philippe Lindheimer, Owner. 331 Scott Avenue. 6. Appeal : 2321 The variance would reduce the required minimum separation distance between group homes from 700 feet to 530 feet. Specifically the variance request would allow 633 Remington Street to be converted to a group home for eight high risk adolescents. This property is only 530 feet from the existing "Turning Point" group home located at 614 Mathews Street, which accomodates 20 residents. 633 Remington Street is in the NCB zoning district, wherein a group home is required to be at least 700 feet from any other group homes. Section 3.8.6(A), by Lynette McClain for Beaucaire Youth Services, futuer tenant. 633 Remington Street. 7. Appeal : 2322 The variance would allow a child care center to construct an outdoor play area fence out of chain link, rather than out of solid masonry or wood, and for a portion of it to be four feet high instead of six feet. Specifically, the variance would allow the proposed Trinity Lutheran Church Child Care Center to construct the play area fence along the south part of the property, without providing dense vegetative screening around the perimeter of the fence. Section 3.8.4(A), by Marilyn Hartig,for Trinity Lutheran Church, Owner. 301 E. Stuart Street. 8. Appeal : 2323 The variance would reduce the required side yard setback from five feet to zero feet along the west lot line in order to allow a new detached garage/second floor living area to be attached to the garage on lot eight, which is also at a zero foot setback. (A variance for this was approved on April 8, 1999, but has expired). Section 3.5.2(D)(3), by Dennis Sovick, Owner. 415 Mason Court, #7. 9. Appeal : 2324 The variance would reduce the required setback for a new twelve foot tall, fifty-two square feet per face ground sign from fifteen feet to three feet. Specifically, the variance would allow a new "Honda" ground sign to be located three feet from the east line along the frontage road, resulting in an actual setback from the frontage road of seventeen feet. Section 3.8.7(G)(1), by Shaw Signs, Contractor. 3401 S. College Avenue. 10. Other Business ZONING BOARD OF APPEALS AGENDA Regular Meeting February 8, 2001 Appeal 2318: --- 2405 Crabtree Drive — Petitioner: Zakco Commercial Consultants, Inc. --- Zone: RL — Section 4.3(D)(2)(c) The variance would reduce the required rear yard setback along the south lot line from fifteen feet to six feet, eight inches in order to allow the construction of a ten foot by thirteen foot utility room addition. The addition would be constructed on the west end of the existing four- plex building. The addition will not displace any parking. --- The existing building is already at a six feet, eight inch setback. The laundry facilities are currently in the basement. The owner needs to have the laundry facilities on the main level for easier acess. There is no other location to construct the addition. -- Staff comments: None. 1 Appeal 2319: — 331 Scott Avenue --- Petitioner: Philippe Lindheimer — Zone: NCL — Section 4.6(E)(3) and 4.6(E)(4) There is an existing garage behind the home at 331 Scott Avenue and to the east of the home at 1320 W. Magnolia Street. This existing garage straddles the lot line between the two homes. The petitioner, who is the owner of both lots, desires to expand the existing garage. Since the addition straddles the lot line in the same manner as the existing garage, a variance is required in order to reduce the required rear setback of 331 Scott Avenue from 6.0 fifteen feet to zero feet and to reduce the required side setback of 1320 W. Magnolia Street from five feet to zero feet. The addition will be set back from Magnolia Street ten feet further than either of the two homes. — See petitioner's letter. -- Staff comments: Given the input of the City's Historic Preservation Office, the Board may want to consider the "equal to or better than" standard that was recently approved by Council. This new standard expands the Board's authority by allowing variances to be granted if `the proposal as submitted will advance or protect the public interests and purposes of the standard for which the variance is requested equally well or better than would a proposal which complies with the standard for which the variance is requested." This can be considered in lieu of, or in conjunction with the normal hardship standard. A -peal 2320: -- 1320 W. Magnolia Street — Petitioner: Philippe Lindheimer — Zone: NCL -- Section 4.6(E)(3) and 4.6(E)(4) --- There is an existing garage behind the home at 331 Scott Avenue and to the east of the home at 1320 W. Magnolia Street. This existing garage straddles the lot line between the two homes. The petitioner, who is the owner of both lots, desires to expand the existing garage. Since the addition straddles the lot line in the same manner as the existing garage, (; a variance is required in order to reduce the required rear setback of 331 Scott Avenue from fifteen feet to zero feet and to reduce the required side setback of 1320 W. Magnolia Street from five feet to zero feet. The addition will be set back from Magnolia Street ten feet further than either of the two homes. — See petitioner's letter. --- Staff comments: See staff comments for Appeal 2319. Appeal 2321: --- 633 Remington Street — Petitioner: Lynette McClain for Beaucaire Youth Services — Zone: NCB --- Section 3.8.6(A) -- The variance would reduce the required minimum separation distance between group homes from 700 feet to 530 feet. Specifically the variance request would allow 633 Remington Street to be converted to a group home for eight high risk adolescents. This property is only 530 feet from the existing "Turning Point"group home located at 614 Mathews Street, which accomodates 20 residents. 633 Remington Street is in the NCB zoning district, wherein a group home is required to be at least 700 feet from any other group homes. -- See petitioner's letter. --- Staff comments: The Code gives us a hint of what the purpose of the group home separation requirement is. Section 3.8.6C(2) allows the City to waive the minimum separtion requirement when a group home is separated from another group home by a substantial natural or man-made physical barrier, such as a river, railroad tracks, major highway, etc.. The section goes on to state that even if such a physical barrier exists, the waiver can only be allowed after it's been determined that the resulting separation distance will be "...adequate to protect the city from any detrimental impacts resulting from an excessive concentration of group homes in any one (1) vicinity." The proposed facility at 633 Remington is not separated from the group home at 614 Mathews by a substantial physical barrier. The purpose of the separation requirement is to ensure that multiple group homes don't locate within close proximity of each other in a particular neighborhood. The Board must determine whether or not the granting of the variance would be detrimental to the public good and whether the request meets the hardship standard and/or the "equal to or better than" standard. 4 AA eeal2322: -- 301 E. Stuart Street --- Petitioner: Marilyn Hartig, for Trinity Lutheran Church --- Zone: LMN --- Section 3.8.4(A) --- The variance would allow a child care center to construct an outdoor play area fence out of chain link, rather than out of solid masonry or wood, and for a portion of it to be four feet high instead of six feet. Specifically, the variance would allow the proposed Trinity Lutheran Church Child Care Center to construct the play area fence along the south part of the (� property, without providing dense vegetative screening around the perimeter of the fence. — The proposed play area will be located about 100 feet from the building. With the fenced area that far away, the staff believes it is essential to be able to visually observe the playground area. There is no other feasible location for the play area without obstructing exterior entrances. --- Staff comments: The intent of the requirement for a "solid"fence is to screen the visual and acoustical activities from adjacent residential properties. The proposed location of this play `` area is a considerable distance from the nearest residential use. Appeal 2323: -- 415 Mason Court, #7 --- Petitioner: Dennis Sovick — Zone: LMN — Section 3.5.2(D)(3) /�-, --- The variance would reduce the required side yard setback from five feet to zero feet along the wet lot line in order to allow a new detached garage/second floor living area to be attached to the garage on lot eight, which is also at a zero foot setback. (A variance for this was approved on April 8, 1999, but has expired). --- When the PUD was approved, it was uncertain as to the exact housing style that would be constructed. If the garages on lots seven and eight are five feet apart, then a dead space is created between the builidings, and the useable yard becomes smaller on these narrow lots. Attaching the garages creates more yard space and reduces the building mass. — Staff comments: None. Appeal 2324: --- 3401 S. College Avenue -- Petitioner: Shaw Signs Zone: C -- Section 3.8.7(G)(1) — The variances would reduce the required setback for a new twelve foot tall, fifty-two square feet per face ground sign from fifteen feet to three feet. Specifically, the variance would allow a new "Honda" ground sign to be located three feet from the east line along the frontage road, resulting in an actual setback from the frontage road of seventeen feet. The proposed sign cannot be moved further back because of the parking lot. The front property line configuration is unique in that it does not follow the curve in the frontage road. If it did, then a variance would probably not be necessary. Additionally, the frontage road separates the lot from College Avenue, resulting in reduced visibility from the main vehicular t street in front of the property. --- Staff comments: The frontage road adjacent to this property was curved in order to preserve large trees. If the road had not been curved, the property line would have been located farther to the east, and the proposed location of the sign would not be in need of a variance. The intent of the Code is met by ensuring adequate setback from the street for this type of - sign. 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