FROM:  Becky Holmes, Building and Zoning Supervisor
DATE:  August 19, 2008
SUBJECT:  5 foot Distance Between Structure Variance

PETITIONER:  Robert E. Curtis, Jr. and Linda E. Curtis

LOCATION:  604 E Jefferson Street

ZBA REQUEST:  To allow the construction of a 15 by 14 foot porch which would replace a deteriorated 7.5 by 14 foot porch. The existing porch is only 5 feet from the carport and the proposed structure would not encroach any further into the distance between structure requirement. A distance of 10 feet between structures is required.

BACKGROUND:  The property is zoned R-1, has frontage of 75 feet and a depth of 120 feet. The petitioner wishes to replace a deteriorated porch with a larger porch. A variance would be required to replace the porch regardless of the size.

STAFF’S OBSERVATIONS:

• It appears that the petitioner may not be able to receive reasonable return on their property without replacing the porch which is in a deteriorated state.
• There appear to be unique circumstances because the lot abuts an alley which serves as the entrance to the property.
• It does not appear that the character of the neighborhood would be altered as the existing porch already encroaches into the distance between structure requirement of 10 feet.

STAFF RECOMMENDATION:  Staff recommends approval of the distance between structure variance request.

PETITIONER:  Chad E. & Jonna D. Leuelling

LOCATION:  721 W Jefferson Street

ZBA REQUEST:  To make recommendation to the City Council to allow an accessory structure to exceed the 22 foot height requirement by 6 feet for a total height of 28 feet.

BACKGROUND:  The property is zoned R-1, has frontage of 174’ and a depth of 608’. The petitioners are requesting to construct a 40’ by 60’ garage with a building height of 28 feet. Because the property is over 2 acres, there is no limitation on building square footage, however the Zoning Code has a maximum building height on accessory structures of 22 feet.

A foundation permit was issued to the petitioner on July 15, 2008. A permit will be issued for the construction of the garage when the variance request is resolved. Because of the length of time needed to obtain a variance from City Council, the petitioners chose to get the foundation work completed and approved.

STAFF’S OBSERVATIONS:

• It appears that the petitioner should be able to receive reasonable return on their property without the addition of a garage.
• There appear to be unique circumstances because the lot is over 3 acres in size.
• It does not appear that the character of the neighborhood would be altered as the proposed garage would be approximately 2 feet less in height than the principle structure.

PETITIONER’S OBLIGATION:  It will be the petitioner’s obligation to show that particular hardship or practical difficulties exist on the property to justify the accessory height variation.

STAFF RECOMMENDATION:  Based on the information provided, the property could yield a reasonable return without the variance. Staff recommends denial on the accessory height variance request.