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HomeMy WebLinkAbout611-BA DATE: August 19, 2010 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a variance to the minimum rear yard building setback from 25' to 10' FILE: 611-BA STAFF REPORT James Griffin has applied for a variance to the minimum rear yard building setback from 25' to 10' for an accessory building. The th property is located at 690 20 Street. In April, 2010, Mr. Griffin applied for a building permit to demolish 5 feet of an existing two story garage that was 1.14 feet from the rear property line and located within a 10' wide utility easement and renovate the remaining portion of the two story garage. A building permit was granted. Once Mr. Griffin proceeded with the construction, he found that the foundation was bad and there was extensive termite damage. He tore the entire building down. Once a structure is demolished, all current setback requirements must be met. In addition, since the original structure has been demolished, any construction to replace the structure within the utility easement must first receive a City Council approved license to encroach. Once Mr. Griffin received negative comments from several utilities about the encroachment, he decided not to pursue that option. However, he would like to build the structure at a 10 foot setback. Mr. Griffin states that to reduce the structure in width would make the floor plan unliveable for the tenant with the loss of previously existing bedroom. 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 28 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: James Griffin PROPERTY OWNER: Same th LOCATION: 690 20 Street EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.70 acres, more or less EXISTING LAND USES: Single family residential FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year flood plain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area th STREETS: 20 Street - Local street with a 60' wide right-of-way and a 27' pavement width; North Street - Major collector with a 60' wide right-of-way and a 30' pavement width DRAINAGE: Curb and gutter WATER: 2" and 8" water lines SANITARY SEWER SERVICE: 6" and 8" sanitary sewer lines PROPERTY OWNERS ALBACETE ALFONSO & PAM S ANDERSON CANDYE ARENA JOSEPH JR & SHERRY BARNES DON L & RENEE K BARNES GENEVA BEELER G W BEELER GEORGE W III BENTON TODD A & JENNIFER L BOUDREAUX KATHLEEN L CASTLE KRISTOPHER L ET UX CHISUM STEWART M CRAWFORD MARY EDNA ESTATE DAVIS JAMES L & LORETTA L ELLIS LINDA GAIL HARPER GUYOTE STACY & LISA HARRIS CAROLYN LEE HULSOPPLE VIVIAN R LEE JOHN MARSHALL & JUDITH E LEE MICHAEL CHARLES MAZOCH JOHN CHARLES MEIER ROBERT S ET UX NELSON ALICE NELSON JOHN L ET UX RYALL JOSEPH R & JACQUELINE SKAINS W T ESTATE % JOYCE S SITTON SPIVEY KAREN L TATE KENNETH JOHN ET UX WADDILL RUSSELL & ELIZABETH C