Item 6E
Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition
ZA15-073
The applicant is requesting approval of a Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition to divide the existing 3.01 acre Lot 1, Block 2, Brewer Addition into two lots
to allow a family member to build a home on the southern lot. The northern lot contains an existing residence and accessory structures. As part of the Plat Revision, the applicant is
requesting a reduction of the building line along the side street frontage of the northern lot from forty (40) feet to thirty (30) feet. This will address an existing condition of an
accessory building that was constructed over the building line without a permit.
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Owner/
Applicant: Barry and Vicki Dinsmore
Request: Approval of a Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition to divide the existing 3.01 acre Lot 1, Block 2, Brewer
Addition into two lots to allow an additional home for a family member to be built on the southern lot
Location: 2903 Florence Rd.
ZA15-073
The applicant is requesting approval of a Plat Revision for Lots 1R1 and 1R2, Block 2, Brewer Addition to divide the existing 3.01 acre Lot 1, Block 2, Brewer Addition into two lots
to allow a family member to build a home on the southern lot. The northern lot contains an existing residence and accessory structures. As part of the Plat Revision, the applicant is
requesting a reduction of the building line along the side street frontage of the northern lot from forty (40) feet to thirty (30) feet. This will address an existing condition of an
accessory building that was constructed over the building line without a permit. The north lot will be 1.96 acres and the south lot will be 1.05 acres.
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Aerial View
This an aerial of the property showing how the property is proposed to be subdivided. The existing accessory structures on the current 3.01 acre lot meet the 3% maximum lot coverage
requirement for accessory structures. The accessory building that was constructed without a permit is approximately 3,232 square feet and an existing covered seating area is approximately
144 square feet, which totals 3,376 square feet and 3% of the 3.01 acre lot area is approximately 3,934 square feet. The owner would like to divide the 3.01 acre lot into two lots with
the northern lot containing the accessory building being approximately 1.96 acres and the southern lot being approximately 1.05 acres. If the Plat Revision proposing the two lots is
approved and recorded, the accessory structures as they exists would exceed the 3% maximum lot coverage allowed on the 1.96 acre lot, which is approximately 2,561 square feet, by approximately
815 square feet. The applicant has a Zoning Board of Adjustment (ZBA) case for a Special Exception Use (SEU) for accessory buildings and structures greater than the size permitted as
well as a building permit pending the actions of the Board along with this Plat Revision. The Zoning Board of Adjustment case was tabled indefinitely at the June 25, 2015 meeting. The
applicant is proposing to remove a 20’ portion of the metal building, which would reduce the floor area to approximately 2,426 square feet. When added to the approximately 144 square
foot covered seating area, the total square footage for accessory structures is now proposed to be approximately 2,570, which exceeds the 2,561 square feet allowed by approximately
nine (9) feet. A plot plan of the accessory building showing the 20’ portion to be removed and the portion encroaching into the 40’ front building line is included in Attachment “C”
of this report. The building permit has been reviewed and the building is in compliance with all applicable building codes except the front setback. The permit is ready to be issued
if the front building setback is brought into conformance with approval of the reduced front building line on the Plat Revision and the SEU is approved by the ZBA.
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Plat Revision
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This is the proposed plat.
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Accessory Building Plot Plan
20’ of accessory building to be removed
Accessory building encroaches ± 9’ into 40’ front yard setback – Variance to allow a 30’ building line requested
Section 4 of the Zoning Ordinance, under the definition for “Yards” on page 4-24, allows the Planning and Zoning Commission as well as City Council to reduce the setback along a side
street of a corner lot up to the minimum setback for the district. The typical setback along a street frontage for the SF-1B zoning district is forty (40) feet. This can be reduced to
twenty (20) feet, which is the minimum side yard for the district. The applicant is requesting a thirty (30) foot setback.
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The typical setback along a street frontage for the SF-1B zoning district is forty (40) feet. This can be reduced to twenty (20) feet, which is the minimum side yard for the district.
The applicant is requesting a thirty (30) foot setback.
Subdivision Ordinance No. 483, as amended, Section 5.06(B) requires sidewalks on both sides of all public streets in all residential
subdivisions platted or replatted after the effective date of the ordinance. The applicant is requesting a variance to allow no sidewalk on either street frontage
Variance Requests
Section 4 of the Zoning Ordinance, under the definition for “Yards” on page 4-24, allows the Planning and Zoning Commission as well as City Council to reduce the setback along a side
street of a corner lot up to the minimum setback for the district. The typical setback along a street frontage for the SF-1B zoning district is forty (40) feet. This can be reduced to
twenty (20) feet, which is the minimum side yard for the district. The applicant is requesting a thirty (30) foot setback.
The Pathways Master Plan and Sidewalk Plan shows a <8’ sidewalk
along the south side of Florence Rd. and a > 8’ multi-use trail along Brewer Rd. The applicant is requesting a variance to the requirement for a sidewalk along both frontages of Lot
1R (the northern lot) with the existing home and to the sidewalk along Lot 2R due to the existing conditions in the right of way.
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Tree Conservation Plan
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Floor Plan
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South Elevation
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Floor Plan
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South Elevation
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South Elevation
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North Elevation
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Floor Plan
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Planning and Zoning Commission:
August 6, 2015; Approved (5-1) specifically approving the variance request for the thirty (30) foot front setback, also specifically approving the request
for the variance to allow the sidewalk to not be installed, subject to Plat Review Summary No. 2, dated July 31, 2015 and the staff report dated July 31, 2015 and further noting the
applicant’s willingness to remove 20’ of the accessory building on the property.
ZA15-073
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Questions?
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