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HomeMy WebLinkAbout07/08/2004 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday,July 08,2004 Roll Call Approval of the Minutes from the July 10, 2003 Meeting Appeal: 2471 2914 INDIGO CIRCLE SOUTH The variance would reduce the required rear-yard setback along the north lot line from 15 feet to 8 feet in order to allow a 12'x 27' covered patio structure to be built over the existing concrete patio location (the existing concrete patio is 12' x 12', and the concrete would be extended to the west and to the east). Code Sections: 4.3(D)(2)(c) Petitioner: TANYA DOWD ZoningDistrict RL Appeal: 2472 2505 S COLLEGE AVE The variance would increase the sign allowance for the building from the allowed 220 square feet to 285 square feet in order to allow two new signs to be placed on the east wall for two tenant spaces, one currently occupied by Oreck and the other currently vacant. The existing wall signs would remain for the existing tenant spaces. Code Sections: 3.8.7(D)(5)(a) Petitioner: Clarisa Castor ZoningDistrict C Other Business: Zoning Board of Appeals Agenda Regular Meeting Thursday, July 08, 2004 Appeal 2471 Address 2914 INDIGO CIRCLE SOUTH Petitioner TANYA DOWD Zoning District RL Section 4.3(D)(2)(c) Description The variance would reduce the required rear-yard setback along the north lot line from 15 feet to 8 feet in order to allow a 12'x 27' covered patio structure to be built over the existing concrete patio location (the existing concrete patio is 12' x 12', and the concrete would be extended to the west and to the east). Hardship See petitioners letter. Staff Comments This property is a corner lot, wherein the front of the house faces Indigo Circle South. When the house was built in 1997, the Code required that the lot line along Wild Rose Ct. was to be considered the legal, front lot line. Consequently, the east lot line was considered to be the rear lot line, requiring a 15' setback. Prior to construction of the home, it was necessary for the contractor to obtain a "variance" to reduce the setback from the east lot line (the rear at the time) to 7'. That setback reduction was approved. At the time it was approved, the north lot line was considered to be a side lot line, wherein only a 5' setback is required. Since the time that the house was built, the Code was changed in order to avoid the comer lot setback variances that the Board frequently dealt with. For this specific lot, the change resulted in the north lot line now being classified as the rear lot line rather than as a side lot line. Consequently, a variance is now being requested for the setback reduction from the "new" rear lot line. This will be the second time this lot will have requested a rear setback variance, with the rear lot line being a different lot line each time. If the porch would have been constructed at the time of the original home, no variance would have been required since the setback from the north lot line would have complied with the side setback requirement. Staff believes that this has created a situation that is unique. Appeal 2472 Address 2505 S COLLEGE AVE Petitioner Clarisa Castor Zoning District C Section 3.8.7(D)(5)(a) Description The variance would increase the sign allowance for the building from the allowed 220 square feet to 285 square feet in order to allow two new signs to be placed on the east wall for two tenant spaces, one currently occupied by Oreck and the other currently vacant. The existing wall signs would remain for the existing tenant spaces. Hardship See petitioner's letter. Staff Comments As recently as 1998, this building had 555 square feet of signage displayed as a result of a prior sign code provision. The amount of signage was reduced considerably when World Savings moved out of the building. The proposed increase to 285 square feet will still be considerably less than the previous amount. The two signs on the west wall of the building aren't visible from the street, yet they still count as signs. If those signs were removed, then a variance would not be required. However, the removal of the 2 signs would not affect the streetscape appearance of the property since they aren't visible from the street. The passing motorist would not know that the west signs would have been removed. Such a scenario could also be illustrated for numerous other buildings in the city. Therefore, that condition alone may not be adequate to avoid setting a precedence. However, that condition, coupled with the fact that the amount of signage will still be far less than what was historically on the building, may be sufficient to distinguish this property from others. 6 +4,.,_ 2?0 ¢0�, 4^& ( a s Other Business