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HomeMy WebLinkAbout09/09/2004 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting Zoning Board of Appeals Agenda Regular Meeting Thursday, September 09, 2004 Appeal 2475 Address 1414 E HARMONY RD Petitioner CAHEN ARCHITECTURAL GROUP Zoning District HC Section 3.8.7(G)(7&8) Description Applicant is requesting variance permitting the placement of a second ground sign along Wheaton Dr. which would not be perpendicular to Wheaton Dr. nor would it abut the street. LUC 3.8.7(G)(7&8) requires that such a sign abut the "...street frontage which is the bases for the alottment... " and the 2-sided sign "...be most nearly perpendicular to the street frontage ". Specifically, instead of locating the sign directly along Wheaton Drive, and perpendicular to Wheaton, the sign will be approximately 175' east of Wheaton and perpendicular to the driveway in the parking lot on the south side of the building. Hardship A case of equal to or better may be made as the sign is 175' setback from the curb along Wheaton Dr. and thus it is less exposed to public right-of- way. Similarly, it can be said that only a single side of the sign will be exposed to the right of way as opposed to two sides. Therefore, the intent of the sign code to reduce the number of development signs along Wheaton is promoted since the proposed sign will be considered a Wheaton sign and will have less street exposure than if it was placed in compliance with the code directly abutting the street. Staff Comments This would seem to satisfy the equal to or better than standard provided the Board places a condition that no other freestanding sign is allowed along Wheaton for the development. G - 0 } A- ' 0- Appeal 2476 Address 901 WHEDBEE ST Petitioner Andrea Carey Zoning District NCM Section 4.7 (E)((4) Description The variance would reduce the required street side setback along Locust Street from 15' to 6' in order to allow the construction of a one story addition to the rear of the house. The wall of the addition along Locust Street will line up with the existing wall, which is already at a 6' setback from the property line. Hardship The wall already exists and the recessing of the new wall 9' further back from the existing wall would effect both the design and reduce the bedroom space being sought by the applicant. This is a corner lot, wherein the property line is 20' behind the curb along Locust Street. Therefore, the lot appears to be larger than it is and the addition will actually be 26' from the street. Staff Comments The board has granted a few variances in the past to reduce the street side setback on corner lot, using the standard that the extra land between the lot line and the streets helps to satisfy the intent of the code equally well. +s Appeal 2477 Address 2025 Hyline Dr Petitioner John Strong Zoning District LMN Section 3.5.2(D)(1) Description The variance would reduce the required setback from the property line along S. Taft Hill Road from 30' to 11' in order to allow the construction of a 572 square foot detached garage. Hardship Taft Hill Road is a major arterial street. A curb cut from Taft Hill would not be allowed. Therefore, access to the garage has to come from Hyline Drive. If the garage is located to comply with the setback requirment, then it would have to be located behind the house, and most of the lot would be driveway. In addition, the recent Taft Hill Road construction project resulted in the west portion of the yard being sloped. This slope, in combination with a garage placement that complies with the Code and the resulting driveway, would result in very little usable yard space. Staff Comments None. C 1- 0 Appeal 2478 Address 601 W MOUNTAIN AVE Petitioner BUD FRICK Zoning District NCM Section 4.7(E)(3), 4.7(E)(4) Description The variance would reduce the required rear setback along the south lot line from 15' to 3' and along the west side lot line from 5' to 3' in order to allow the existing shared garage that straddles the rear lot line to be demolished and replaced with a new 360 square foot detached garage that will no longer straddle the lot line. Hardship The existing detached garage is in poor structural condition. The existing house has no basement and no storage area, so the owner would like to replace the existing garage with a new one that has some limited storage area and is structurally sound. The existing garage straddles the rear lot line and is only 1 1/2 feet from the side lot line. So the new garage will be more in compliance than the existing one. The lot depth of 80' is very shallow. The normal lot depth in this neighborhood is 190'. Staff Comments The shallowness of the lot can be considered to satisfy the hardship standard with regards to the rear setback. Appeal 2479 Address 1208 BELLEVIEW DR Petitioner Jason Underhill Zoning District RL Section 4.3(D)(2)(b) Description The variance would reduce the required front yard setback from 20' to 15.81' for the new home that was recently constructed. The setback distance is from the front property line to the corner of the side-loaded garage. Hardship There was a mistake made in staking out the foundation prior to digging the hole. The setback was measured inadvertetently from an off-set pin instead of the actual property pin. This development was approved as a PUD under the prior zoning code. All of the lots on the east side of Westbury are allowed a front setback of only 15' under the requirements of the approved PUD, so this setback is not out of character with what is already existing in the neighborhood. Staff Comments In addition to the old PUD allowing other nearby houses to have a 15' setback, a minor amendment was approved in 1995 to allow another house to have a front setback of only 15'. Therefore, there are numerous homes that are at about the same setback as the one in question. If one of the intents of the front setback requirement is to establish and maintain a streetscape character, then the Board might be able to determine that it purpose of the code is satisfied equally well with regards to promoting the purpose of the standard with regards to the Westbury development. S•0 Appeal 2480 �^ Address 1101 Wooded Creek Ct t Petitioner Christopher Ingham Zoning District UE Section 4.1(D)(2(b) Description The variance would reduce the required front yard setback along Wooded Creed Court for the proposed house from 20' to 12'. Only the covered front porch would encroach into the required setback. The rest of the house would comply with the required 20' setback. Hardship See petitioner's letter. In addition, the approved PUD landscape plan requires that the existing trees on this lot must remain undisturbed. Staff Comments The Board has previously determined that existing mature trees can be considered as a topographical condition that may create a hardhip or some unique circumstance. 5 0 Appeal 2481 Address 1300 Oakridge Dr Petitioner Stuart McMillen Zoning District HC Section 3.8.7(D)(5)(a) Description The variance would increase the sign allowance along the north frontage of this property from 110 square feet to 152 square feet in order to allow one ground sign along Harmony and one 38 sq. ft. wall sign on the north wall. Hardship See petitioner's letter. Staff Comments This can be an "equal to or better" situation if the Board places conditions on the size of tang future ground sign that can be placed on Lot 1 of the development. By doing so, the end result will be the same as if no variance is required (the 2 signs allowed by Code on Harmony would be of a certain COMBINED size with or without a variance). G fl� t o