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HomeMy WebLinkAbout12/13/2001 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals F, Agenda Regular Meeting Thursday,December 13, 2001 Roll Call Approval of the Minutes from the October 11, 2001 Meeting Appeal: 2362 651 WHEDBEE ST The variance would reduce the required lot area from 5000 square feet to 4295 square feet in order to allow the one, existing lot that contains the homes at 420 E. Laurel and 651 Whedbee to be split into 2 separate lots. The new lot containing 420 E. Laurel will have 5455 square feet, but the 651 Whedbee lot will only have 4295 square feet as a result of the lot split. Code Sections: 4.7(D)(1) Petitioner: STEPHEN MACK ZoningDistrict NCM Appeal: 2363 420 E LAUREL ST The variance would reduce the required rear yard setback from the north lot line from 15 feet to 5 feet in order to allow a 12 foot garage extension to be constructed on the west side of the existing garage. The new north wall of the addition will line up with the existing north wall of the home. Because of the lot split explained in Appeal 2362, the north lot line of this newly created lot will become the legal rear - lot line_ Prior to the lot split, the north lot line is considered aside lot line, wherein only a 5' setback is required. Code Sections: 4.7(E)(3) Petitioner: STEPHEN MACK ZoningDistrict NCM Appeal: 2364 231 S GRANT ST The variance would reduce the required street side setback along Olive Street from 15 feet to 4.5 feet in order to allow a one-story family room addition to be constructed. The variance would also allow the roof of the addition to be flat rather than having a 2:12 minimum roof pitch. The Olive Street setback of the existing home is already nonconforming with a setback of eight feet. The Board granted this same variance on December 14, 2000, but the variance has expired without the petitioner having obtained a building permit. Therefore, the Board must rehear the appeal in order to renew it. Code Sections: 4.6(E)(4) & 4.6(F)(1)(g) Petitioner. GEORGE GAEBLER& LAURA OLIVE-GAEB ZoningDistrict NCL Other Business: Staff will show slides of the Plainsman Motel property Christamas Tree operation as a follow-up to the variance that was granted on November 8, 2001. Zoning Board of Appeals Agenda Regular Meeting Thursday, December 13, 2001 Appeal 2362 Address 651 WHEDBEE ST Petitioner STEPHEN MACK Zoning District NCM Section 4.7(D)(1) Description The variance would reduce the required lot area from 5000 square feet to 4295 square feet in order to allow the one, existing lot that contains the homes at 420 E. Laurel and 651 Whedbee to be split into 2 separate lots. The new lot containing 420 E. Laurel will have 5455 square feet, but the 651 Whedbee lot will only have 4295 square feet as a result of the lot split. Hardship The petitioner desires to construct an addition and do exterior remodeling to the home at 420 E. Laurel Street. Finance companies will not lend money unless each of the 2 homes is on its own lot. See letter from Wells Fargo Bank. Staff Comments Economic considerations are usually not sufficient grounds for the granting of a variance. Currently, both of the homes are on the same lot. This existing situation is already nonconforming since the requried lot area for 2 Ghomes on one lot is 10,000 square feet and there is only 9750 square feet.��! ,,N'� The proposal to split the lots stems from the desire to improve the home at Z" �0 f ��� 420 W. Laurel, and from the difficulty of getting financing for the a� yG improvements. It might be difficult for the Board to determine that this qualifies as a hardship variance. If that is found to be the case, then the "equal to or better than" standard might be what the Board wants to concentrate on. If so, the Board must determine that the proposal as submitted will 1) promote the general purpose 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, and 2) will not be detrimental to the public good. The purpose of the standard - a 5000 square foot lot area per home - is to ensure that the lot size of a lot on which a home is located is adequate to provide important private open space and to ensure that there is a relatively small percentage of the lots in the NCM zone on which a second home can be constructed, thereby preventing the proliferation of"alley houses". With regards to this specific appeal, no new houses are proposed to be constructed on either of the 2 lots. Both of the lots already contain a house. Therefore, the purpose of the standard to limit the proliferation of second homes is met. Since the two lots in question are already developed, the amount of lot open space will remain the same whether a new lot line is created or not. Thus, the purpose of the standard to ensure adequate open space is met, and the degree of nonconformity that already exists will not be increased. The Board might determine then that the proposal submitted will promote the general purpose of the 5000 square foot lot area standard equally well as a proposal which complies with the standard (which would be one where no lot split is proposed). Since the granting of the appeal would result in no physical changes to the appearance of the property, but would Appeal 2362 instead result in merely drawing a line on a plat, the Board may determine that there would be no detriment to the public good. J- Appeal 2363 Address 420 E LAUREL ST Petitioner STEPHEN MACK Zoning District NCM Section 4.7(E)(3) Description The variance would reduce the required rear yard setback from the north lot line from 15 feet to 5 feet in order to allow a 12 foot garage extension to be constructed on the west side of the existing garage. The new north wall of the addition will line up with the existing north wall of the home. Because of the lot split explained in Appeal 2362, the north lot line of this newly created lot will become the legal rear lot line. Prior to the lot split, the north lot line is considered a side lot line, wherein only a 5' setback is required. Hardship The building is already located only 5' from the north lot line. This is the only place to consturct the garage extension. The lot split explained in appeal 2362 causes the north lot line to be reclassified from a side lot line to a rear lot line. Staff Comments This appeal will only be considered if Appeal 5362 is granted. If that Appeal is denied, then the petitioner can construct the proposed addition at the requested 5 foot setback without the need of a variance. This would be the case since the north lot line is classified as a side lot line if both houses G remain on one lot, and then the 5' proposed setback would comply. Thus, the variance is only needed in the event that the requested lot split occurs, in which case the north lot line is reclassified as a rear lot line. The Board 4; must determine if this reclassification results in a hardship due to some "exceptional situation unique to such property....which would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner...". Otherwise, the Board must find that the proposal promotes the setback standard equally well or better than would a proposal which complies with the standard. Appeal 2 364 Address 231 S GRANT ST Petitioner GEORGE GAEBLER & LAURA OLIVE-GAEBLER Zoning District NCL Section 4.6(E)(4) & 4.6(F)(1)(g) Description The variance would reduce the required street side setback along Olive Street from 15 feet to 4.5 feet in order to allow a one-story family room addition to be constructed. The variance would also allow the roof of the addition to be flat rather than having a 2:12 minimum roof pitch. The Olive Street setback of the existing home is already nonconforming with a setback of eight feet. The Board granted this same variance on December 14, 2000, v but the variance has expired without the petitioner having obtained a building permit. Therefore, the Board must rehear the appeal in order to renew it. Hardship See petitioner's letter. Staff Comments The petitioner's plans are identical to the ones that the Board was presented with at the December 14, 2000 meeting. The minutes of that minute are included in the Boardmembers packets. Other Business Staff will show slides of the Plainsman Motel property Christamas Tree operation as a follow-up to the variance that was granted on November 8, 2001.