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Case Number: |
BOA-18-900019 |
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Applicant: |
Christopher Peel |
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Owner: |
Christopher Peel |
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Council District: |
10 |
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Location: |
327 Burnside Drive |
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Legal Description: |
Lot 6, Block 1, NCB 10401 |
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Zoning: |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
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Case Manager: |
Nyliah Acosta, Planner |
Request
A request for a 3’ variance from the 5’ side setback requirement, as described in Section 35-310.01, to allow a carport to be 2’ from the side property line.
Executive Summary
The subject property is located at 327 Burnside Drive. In 2002 the applicant applied for a permit for a free standing carport measuring 20’x16’. The current carport is attached to the dwelling and is 2 feet from the side property line. Staff noticed the general surrounding area consisted of no carports. The carport on the subject property is largely pushed back to the rear of the property and is not immediately visible.
Code Enforcement History
Code Enforcement was not involved in this project.
Permit History
On 11/7/2002 a permit was issued for a 20’x16’ free standing carport.
On 6/3/2013 a permit was issued for a heating pump.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“NP-10 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“NP-8 AHOD” Neighborhood Preservation Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the Northeast Inner Loop Neighborhood Plan and is currently designated “Low Density Residential” in the future land use component of the plan. The subject property is within the Oak Park Northwood Neighborhood Association. As such, they were notified and asked to comment.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following:
1. The variance is not contrary to the public interest.
The public interest is defined as the general health, safety, and welfare of the public. In this case, the variance is contrary to the public interest. Allowing the structures to be 2’ from the side property line will leave room for maintenance, and provides ample space for rainwater runoff and fire rating concerns.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The variance would allow the carport to remain while also maintaining adequate storm water control and limit fire spread to adjacent properties.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the code, rather than the strict letter of the law. The intent of the setback limitation is to prevent fire spread, allow adequate space for maintenance, and encourage proper storm water drainage. A 2’ side setback can allow adequate space for maintenance, encourages proper storm water drainage controls, and prevents fire spread while also allowing the applicant to keep the carport. The carport would still need to be modified to meet applicable building and fire codes.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
A 3’ variance to allow a carport to be 2’ from the side property line allows adequate space to utilize the carport while also maintaining safe distances to limit fire spread and encourage proper storm water controls.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
Allowing the carport to be 2’ from the side property line would alleviate concerns of injuring the appropriate use of adjacent conforming properties while also eliminating the hardship of dismantling the carport altogether.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required side setback and adhere to Section 35-310.01.
Staff Recommendation
Staff recommends APPROVAL of the requested variance BOA-18-90019, based on the following findings of fact:
1. The request does not negatively impact surrounding property owners and;
2. The carport will be modified to meet applicable building and fire codes.