HomeMy WebLinkAbout614-BA
DATE: January 6,
2011
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a variance to the minimum side yard
building setback from 20' to 5'
FILE: 614-BA
STAFF REPORT
Colburn McClelland is requesting a variance to the minimum side yard
building setback from 20' to 5'. The property is located at 5535
Calder.
It is the desire of Mr. McClelland to construct a 950 sq. ft. addition
onto the rear of the existing building as part of a remodel of the
building. The building is to be used as a restaurant.
The east side of the addition will line up with the existing building.
Due to the angle of the building in relation to the east property line,
the addition will extend 15' into the side yard setback. The Zoning
Ordinance requires a 20' side yard setback when abutting residential
zoning. In this instance, the subject property is adjacent to the rear
yards of the properties to the east. On the lot that will be most
affected by the encroachment (Lot 2, Maplewood Addition , Unit 1),
the house is approximately 58' from the rear property line.
According to the enclosed survey, the existing building is 11.9' from
the side property line at its nearest point.
Mr. McClelland states in his application that he will be constructing an
8' tall wood screening fence along the east property line of his
property.
The applicant shall have the burden of proof to demonstrate that all
three conditions necessary for approval have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 18 .
Responses in Favor . Responses in Opposition
.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Colburn McClelland
PROPERTY OWNER: Same
LOCATION: 5535 Calder
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.265 acres, more or less
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial GC-MD (General Commercial-Multiple Family
Dwelling) District
EAST: Residential RS (Residential Single Family Dwelling) District
SOUTH: Commercial GC-MD
WEST: Commercial GC-MD
COMPREHENSIVE PLAN: Stable Area
STREETS: Calder Avenue - Secondary
arterial with a 60' wide
right-of-way and a 23' pavement
width
DRAINAGE: Open ditch
WATER: 8" and 16" water lines
SANITARY SEWER
SERVICE: 6" sanitary sewer lines
PROPERTY OWNERS
BJERKE ALLISON A
BLUE WATER ENDEAVORS LLC
CARRINGTON DANIEL R
CHIONSINI ANDREW J & ELAINE M
COE RONALD L
HOLCOMB RANDY
JOHNSON THOMAS R & BENJAMIN L
JUBILEE INITIATIVES INC
OXFORD HUBERT III & CYNTHIA C
PEMBLE GEORGE G & E JORENE
PHELAN ELEVEN B LLC 1% MICKEY PHELAN B LAND LP 99%
PHELAN MAMERE LLC 1% K H PHELAN LAND LP 99%
RETAIL PROPERTY PARTNERS LTD % THOMAS PETROLEUM
RULE JAMES V
SHERRELL SYBIL