Zoning Board of Adjustments Minutes - 04/19/1995MINUTES
BOARD OF ADJUSTMENT
APRIL 19, 1995
PRESENT:
Tom Hill, Chairman
Dr. Edwin C. Bebb
Roger Murphy
Jane Hermann
Steve Seese, City Planning Administrator
Paul Stillson, Planner II
Marty Odom, Planner I
Diane Parker, Recording Secretary
ABSENT:
Charles A. Peters
Bill Daniel
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Hill.
II. APPROVAL OF MINUTES
' Members
' City Staff
' Member
' Council Liaison
Dr. Bebb made a motion to approve the January 20, 1995 minutes. Mr. Murphy seconded the
motion. The motion was passed with a unanimous vote.
III. VARIANCE
A. V 95-03
Variance to allow a carport in the front setback
4620 North Shore Drive
Applicant: ..................................................... Cecil Jennings
Property Owner ........................................... Paulina J. Covington
Requested Action: ....................................... Variance
Purpose: ...................................................... To allow for the construction of a carport within the
front 25' setback
Existing Land Use: ...................................... Residence
Zoning: ........................................................ Single Family-2
Surrounding Land Use & Zoning: ................ North: Residences, SF-2
South: Residences, SF-2
East: Residences, SF-2
West: Residences, SF-2
VT
PAGE 2
APRIL 19, MS
Commentary:
The applicant is requesting a variance to construct a carport within the front 25' setback. The
construction of a carport within the 25' front setback requires a Conditional Use Permit from the
Planning & Zoning Commission. However, to qualify for a Conditional Use Permit, one must show
that there is inadequate space to build the carport on the side of the house and that there is no
alley access in the rear of the property. This site does have a paved alley in the rear and therefore
does not qualify for a Conditional Use Permit. The applicant is seeking a variance to place a
carport in the front based on special conditions.
Special Conditions/Hardships:
The applicant is requesting the variance based on the special circumstance of 11 of the 37 homes
(30%) in the 4600 block of North Shore Drive having carports within the 25' front setback.
Consistent with Zoning Ordinance Intent:
The intent of the Zoning Ordinance is to allow carports in the front setback when alternative
placement is not reasonably possible, and that the carport is not considered to have an adverse
impact on the surrounding neighbors. Prior to the adoption of the Zoning Ordinance, carports
were permissible contingent upon a petition signed by the adjacent property owners.
Staff Analysis:
The 4600 block of North Shore lies between Lakefront Drive and Fairway Boulevard. Of the 37
residences on this block, 11 have carports within the front 25' setback. The following is a list of
those address:
4608 North Shore Drive 4614 North Shore Drive
4609 North Shore Drive 4617 North Shore Drive
4610 North Shore Drive 4618 North Shore Drive
4611 North Shore Drive 4619 North Shore Drive
4612 North Shore Drive 4635 North Shore Drive
4613 North Shore Drive
Recommendation:
Staff finds that special conditions do exist. Prior construction of carports in the neighborhood have
established a precedent of carports in the front setback on this block. Permitting this carport
variance is recommended. The applicant must obtain a building permit and comply with all
building requirements.
Twenty-five of the surrounding property owners were notified of this request. Six (24.0%) replied
in favor and none (0) were opposed.
After being sworn in by Chairman Hill, Mr. Cecil Jennings, applicant, explained the reasons for the
location of this carport were the trees, the store room, and inadequate space in the back of the lot.
He also gave a brief discussion of the materials used for the construction.
Dr. Bebb made a motion to approve this variance request. Ms. Hermann seconded the motion.
The variance was passed with a unanimous vote.
B. V 95-05
Variance to allow a setback of 12 feet
615 Marconi
Applicant: ..................................................... Leroy Cleaver, Jr.
Requested Action: ....................................... Variance
Purpose: ...................................................... Variance to construct an addition to the front of the
Jackson Memorial Church of God in Christ.
Existing Land Use: ...................................... Church
BOARD OF ADJUSTMENT APRII 19, 1995
PAGE 3
Zoning: ........................................................ Single Family-2
Surrounding Land Use & Zoning: ................ North: Residences, SF-2
South: Residences, SF-2
East: Residences, SF-2
West: Residences, SF-2
Commentary:
The applicant requests a variance of the setback requirement to construct an addition to his
church. That addition will be 4 feet closer to the front property line. In a Single Family-2 zone, the
required setback is 25 feet from the property line. However, in this neighborhood the applicant
stated that special conditions exist. All of the setbacks on this block are less than 25 feet; some
are under 13 feet. He plans to construct his addition 12 feet from the property line. The applicant
has submitted a petition in favor of this request.
Sppecial Conditions/Hardship:
TF�e applicant has cited the following as special conditions/hardships
1. "We desire to construct our ladies' and men's rest rooms at the front of our church and to make
them large enough to meet ADA requirements."
2. "These special conditions and circumstances are not a result of our actions. In order to have
the rest rooms spacious enough to meet ADA requirements, (and to accommodate the required)
fixtures , it is necessary to extend our building."
3. 'The other buildings on our side of the street are not setback within the required 25 foot setback
limit."
4. "Granting this variance will not confer upon us and special privileges denied others because we
only desire to extend our building four feet."
Consistent With Zonin Ordinance Intent:
The intent of the setbac� provisions in the Zoning Ordinance is to accomplish the following:
a. Promote the orderly development of land,
b. Prevent overcrowding for health, public safety and fire protection purposes,
c. Establish a sight corridor for vehicles,
d. Assure room for future street expansion.
The City has adopted a setback of twenty-five feet from the front property line as the appropriate
setback to accomplish these purposes.
Conditions on the applicant's lot: The existing church building has a roofed entry that is 16 feet
from the property line.
Conditions in the general area: As shown in the applicant's map, some setbacks of other
residences on this side of the block are as small as 13 feet. Staff estimates that with the
supporting columns, the closest buildings are almost 12 feet from the property line.
Staff Analysis:
The applicant has shown a pattern of nonconforming setbacks along this side of the block.
Buildings with setbacks less than 25 feet have established a precedent in this area. This
construction with a 12-foot building line will align visually with the other buildings on this block.
Recommendation:
Staff determined that special conditions regarding this request do exist. Existing conditions have
established a building line less than current requirements. Permitting this building to be
constructed at twelve feet is recommended.
PAGE 4
APRIL 19, 1995
Thirty-three surrounding property owners were notified of this request. Four (4) or 12.12% replied
in favor and none (0) were opposed.
After being sworn in by Chairman Hill, Mr. Fred Fields, representative for Jackson Memorial
Church of God in Christ, stated since there are other houses on this side of the street are closer to
the property line and the Church would like to extend the building by four feet to construct
restrooms to comply with the ADA requirements.
Mr. Murphy made a motion to approve this request. Dr. Bebb seconded the motion. The variance
was passed with a unanimous vote.
IV. ADJOURN
The meeting was adjourned at 1.40 p.m.
Mr. Seese requested a change in the Board of Adjustment meeting to May 12th. Eckerd's has
requested a variance for a fence and due to their property closing date of May 15th, this variance
needs to be decided prior to that date. The Board agreed with the changed meeting date.
Tom Hill, Chairman
i
Date
— .nil ICTUFNT APRIL 19, 1"S PAGE 5