Board of Adjustment

STAFF REPORT – SSBOA-693 TO: Board of Adjustment Members DATE: June 10, 2014 CASE: SSBOA-693: Special Exception to Section 5.04.A – Bulk and Area Requirements for a Minimum Front Yard in an RS3 Zoning District. LOCATION: 5107 S. Barr Dr.; Lot 6, Block 1, Stone Villa Addition Request: The applicant, Ken Wade, is requesting a Special Exception to Section 5.04.A of the Zoning Code, Bulk and Area Requirements in Residential Districts, to allow a 4’ encroachment into the Required 25’ front building line setback for the above described property, which is located in an RS3 (residential single-family, high-intensity) zoning district. Site Conditions: The applicant’s property is located on a cul-de-sac shaped corner at the intersection of Barr Drive and 51st Place. The surrounding properties are zoned RS3 and used for residential purposes. The house at this location was sited incorrectly when it was built in 2008 – causing both the front encroachment which is the subject of this case, and a 7.6’ right side yard encroachment into a 15’ utility easement which has been resolved through a separate closure ordinance adopted by City Council on June 9th. Applicable BOA Activities in the Area:
SSBOA-639: 5326 S. Bahama Ave., variance to Section 5.04 of the Zoning Code to allow an existing home to encroach 1.5’ into a required 5’ minimum right side yard setback. (Case also involved closing 1.5’ of a 5’ utility easement in the right side yard). Approved as presented 4-0-0 on Nov. 10, 2009. 
SSBOA-575: 302 W. 51st St., appeal of determination of code official relating to a deck that had been built over an active 17.5 foot utility easement. Affirmed 4-0-0 on Sept. 13, 2005, with the understanding that a building permit would be sought and that the deck would remain in the easement at its own peril.
SSBOA-384: 5303 S. Spruce Dr., variance to Section 5.04 of the Zoning Code to reduce the front yard setback from 25’ to 23’3” to allow for existing construction. Approved as submitted 4-0-0 on Oct. 11, 1994. Zoning Code References: Section 5.04.A.7 provides that required front yards in the RS3 zoning district can be reduced up to 5’ by special exception. Greater reductions or reductions to other required yards would necessitate a variance. The Board may grant a special exception if it finds the request is in harmony with the spirit and intent of the Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The Board may also attach conditions and safeguards if it deems them necessary. Staff Comments/Recommendation The applicant’s house includes a three-car garage that fronts onto a portion of the curved cul-de-sac design of the street corner (site plan attached). The remainder of the house in located behind the 25’ building line. A recent mortgage survey for prospective buyers of the house affirmed that it was sited with an approximate 4’ encroachment into the front building line of the property (as well as an encroachment into the south utility easement). The applicant has been through the process to close the easement encroachment, and is seeking the special exception before the Board to provide clear title for sale of the property. While such encroachments are not common, they have occurred in many areas of the city over the years that feature curved streets and cul-de-sacs. The Zoning Code includes section 5.04.A.7 to address corrections resulting from these conditions through a special exception – which uses criteria that focuses on maintaining harmony with the intent of the Zoning Code and preventing detrimental or injurious conditions. Staff would observe that the garage encroachment being considered by the Board aligns with adjacent houses and results notably from the cul-de-sac curvature design of the street. Therefore, it is generally in keeping with the intent of the Zoning Code and is not injurious or detrimental to the neighborhood or public good. There have been no citizen comments against this application. Public Works staff has reviewed this request and expressed no concerns. Therefore, Planning staff would recommend approval of SSBOA-693 for 5107 S. Barr Dr. as requested.  CT S TIGUA ST W AN W4 9 S GREENAN D R W ANTIGUA DR S BARR DR S BAHAMA AVE C TS W 49 S BARBADOS AVE S NASSAU AVE S REDBUD DR S NASSAU CIR S SPRUCE AVE D DR NI DA I SG TR W DR NT ENAN DR MI RE ER W 50 PL S PP PE S BARR DR W S ANDROS AVE R S REDBUD D W OVERHOLT DR Subject Tract W 51st ST S W 51st ST S S SKYLANE PL W 51 P L S LS 51 P W S GREENAN DR S SPRUCE DR W 5 2 ST S BAHAMA AVE W 52 ST S BARR DR S REDBUD PL S REDBUD DR W 53 ST S W 53 PL S W 53 ST S W 54 ST S S SKYLANE PL W 55 ST S W 54 ST S W 54 CT S SSBOA-693 Note: Graphic overlays may Subject Tract not precisely align with physical features on the ground. Aerial Photo Date: March 2014 0 100 200 Feet 400 34 19-11