Legislation Details

File #: 23-00551    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 7/12/2023 In control: Zoning Board of Adjustments
On agenda: 7/19/2023 Final action:
Enactment date: Enactment #:
Title: ZBA 2023-009 1816 E. La Rua Street R-1AAA
Attachments: 1. ZBA 2023-009 _ 1816 E LA RUA _ COMPLETE APPLICATION PKG
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TO:                                                                 Zoning Board of Adjustments Members

 

FROM:                                          Amy Hargett, Planner

 

DATE:                                          7/12/2023                                          

 

SUBJECT:

 

title

ZBA 2023-009

1816 E. La Rua Street

R-1AAA

end

 

BACKGROUND:

 

Mr. & Mrs. Bryars are requesting multiple variances to accommodate the construction of a detached garage: (1) to increase the maximum allowed height for an accessory structure from 15 FT to 24 FT 10 INCHES; (2) to increase the maximum rear yard coverage from 675 SF (25%) to 982 SF (36.32%): and (3) to reduce the minimum required side setback from 7.5 FT to 3.5 FT.

 

With respect to the first request, the applicant is seeking the additional height to allow for the accessory building to match the primary residence, which has a 12:12 roof pitch.  The height of accessory structures varies between 15 feet to 20 feet, depending upon the distance the structure is set back from the rear property line.  Although the preservation or aesthetic overlay districts allocate additional height to allow the pitch of the roof to match the primary structure, this is not the case in the general accessory structure standards, where the height for an accessory structure is limited to 20 feet.  For structures such as this which are located 3.5 FT from the rear property line, the maximum height is 15 feet. 

 

The second request pertains to rear yard coverage.  The Code allows for 25% coverage within a required rear yard, which is 675 SF for this property.  The proposed detached garage covers 982 SF (or 36.32%) of the required rear yard.  It should be noted, the applicants have removed the previous structures, which covered 46% of the required rear yard.

 

The last request is to reduce the required side yard setback from 7.5 FT to 3.5 FT.  When an accessory structure exceeds 15 feet in height, the side setbacks of the primary are applied.  Additionally, a portion of the proposed detached garage is not located within the required rear yard and lies within the buildable area and the required side yard for the primary structure.  No structures are allowed within the side yard of the primary structure, without a variance.