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HomeMy WebLinkAbout2017-04-24 BZA PacketBOARD OF ZONING ADJUSTMENT 2950 NW VIVION ROAD, RIVERSIDE, MO 64150 AGENDA April 24, 2017 6:00 P.M. 1. Call to order 2. Roll call 3. Public Hearing: To consider a request for a variance for setback for a detached garage at 5001 NW High Drive Terrace. 4. Adjournment Sarah Wagner, City Planner ATTEST: Posted 04/21/17 10:00 A.M. CITY OF RIVERSI MISSOURI Upstream from ordinary. City of Riverside Staff Analysis Report Case Number BZA17-01 Variance 4148 NW Redbud Lane General Information Appellant: AJ & Kristen Shumate Location: 5001 NW High Drive Terrace Application: Variance from the 10 -foot setback for accessory structures. Zoning: R-1 Single Family Residential Existing Land Use: Single Family Residential Analysis The applicant is requesting a variance from the Unified Development Ordinance (UDO) Section 400.490 regulating accessory use structures. They have proposed the construction of a 30' x 30' detached garage that will be located on the northwest corner of their property. The proposed detached garage would extend 5' into the setback to the north and 2' into the setback to the west. Both adjoining property owners have been notified of this request and have indicated, in writing, that they support this request. Per Section 400.290 of the UDO a variance should meet 5 conditions for approval. 1. The need for a variance arises from a condition which is unique and peculiar to the property in question and which is not prevalent in the neighborhood and ordinarily not found in the same zone or district, and further, is not created by an action or actions of the property owner or applicant. The applicant's property is a unique shape with numerous utility lines that run through the property that restrict the placement of an accessory structure. 2. The strict application of the subject provisions will constitute unnecessary hardship to the applicant. The applicant desires to construct an accessory structure which meets all of the code with the exception of the setbacks. If it were not for the utility lines and unique shape of the lot the applicant would be able to place the structure elsewhere. 3. The granting of the variance will not adversely affect the rights of adjacent property owners or residents. The surrounding neighborhood will not be adversely affected because the principal use of the property will remain the same. The applicant has provided a signed letter from adjacent property owners in support of this application. 4. The granting of the variance will not adversely affect the public health, safety, moral or general welfare of the community. Granting the variance will not adversely affect the welfare of the community. Although granting the variance will place the accessory structure closer to adjoining properties it will not extend over any Page 1 of 2 property lines and their will adequate room to access all sides of the structure while remaining on the principal property. Additionally, the property will continue to operate as it did previously so essentially, granting the variance will not have an impact on the community 5. The granting of the variance will not be opposed to the general spirit and intent of the ordinance from which the variance is sought and will not be in conflict with any existing laws or ordinances. The granting of this variance will not conflict with or be opposed to the general spirit of the setback ordinance. There are several residential developments in the city that are zone PD -Planned Development that allow for deviations from the established code. Recommendation The request meets the conditions for approval of a variance and is in accordance with adopted policies and plans; therefore, staff recommends granting the variance to allow the minimum set back to the north at 5' and 7' to the west. Attachment Exhibit A: Project Location Map Exhibit B: Adjoining property owner's signatures. Page 2 of 2 , , '- if i, DETACHED GARAGE PROJECT 03/17/17 To whom it may concern, We are proposing to add a detached garage on our property at 5001 NW High Dr. Terr. We are asking the planning zoning board and the property owners at 5005 Mrs. Betty Wall (2 Foot), 5003 Mrs. Jeanette Webb (5 Foot) for a variance to the city code to be closer to the property line. Due to the odd shape of the property lines and the where the utility lines are in proximity to the house we are asking for this variance. Thank you in advance for your consideration. Sincerely, AJ & Kristine Shumate AJ& KRISTINE SHUMATE 5001 NW HIGH DR.TERR. RIVERSIDE MO. 64150 816-935-5096 Betty Wal : Jeanette Webb : L (.,r~ Imaaery ©2016. Gooale. Mao data 02016 Goaale 20 ft