VAR St. Charles County Board of Zoning Adjustment

Transcription

1 VAR St. Charles County Board of Zoning Adjustment 510 BARBARA DRIVE - VARIANCE REQUEST Application: Applicants/Owners: Variance Requested: Zoning: Area: Location: Council District: 1 Account No.: A000 VAR Daniel B. Wiedemann and Andrea M. Wiedemann Section E - To vary the front building line on the record plat of Lake Charles Hills from 40 feet to 35 feet A, Agricultural District 0.50 acres On the east side of Barbara Drive, approximately 500 feet south of Lorene Drive CONTENTS: Staff Recommendation Report Aerial photo Zoning map Photos of site Boundary Survey Statement of Hardship

2 BZA REPORT To: County Board of Zoning Adjustment Prepared by: Darren May Application No.: VAR Date: May 5, 2016 GENERAL INFORMATION Owners/Applicants: Requested Action: Existing Zoning: Location: Size: Current Land Use: Daniel B. and Andrea M. Wiedemann The applicant is requesting to vary the front building line on the record plat of Lake Charles Hills from 40 feet to 35 feet. (Section E) A, Agricultural District The property, known as 510 Barbara Drive, is located on the east side of Barbara Drive, approximately 500 feet south of Lorene Drive acres Single Family Residential Adjacent Land Use and Zoning: Direction Zoning Land Use North A, Agricultural District Storage shed East A, Agricultural District Single Family Residence South A, Agricultural District Single Family Residence West A, Agricultural District Vacant Residential Description of Request: The applicant wishes to build a room addition to the front of a dwelling approximately 35.8 feet from the front property line. Site Characteristics: The lot is generally flat with trees along the southern and eastern property lines. A drainage swale occupies the southern part of the lot. The dwelling was erected between 47.4 and 47.8 feet from the front (west) property line, approximately 30.5 feet from the southern side property line, and approximately 4.2 feet from the northern side property line. Relevant Property History: The property has no prior history with the Board of Zoning Adjustment. The Neighborhood Preservation Division has cited the owner for missing siding on the front of the dwelling. The Lake Charles Hills subdivision plat requires a 40 foot front yard setback. The front yard setback would normally be 25 feet for lots under one acre in size in the Agricultural Zoning District. However the ordinance dictates that front yard setbacks will be used as indicated on recorded subdivision plats. Applicant s Statement of Hardship: The applicant states that due to storm water runoff in the drainage swale on the south side of the house, sanitary sewer connections at the rear of the house, and the close proximity of the northern property line, the front of the house is the only place to expand. He also states that providing reasonable room sizes in front dictates the request for the variance. Questions for the Board: The duty of the Board is to grant relief in the event of hardship as defined by ordinance, or deny the request where no applicable hardship exists. The following questions help to address whether a true hardship exists; 1) Does an extraordinary or exceptional situation or condition apply to the specific piece of property in question, such as exceptional narrowness, shallowness, shape, or topography? Staff notes that no aspect of the lot prevents the applicants from meeting the ordinances requiring structures to be set back the required 40 foot distance from the front property line. 2) Would strict application of the specified standard unreasonably deprive the property owner from use of the property due to either peculiar and exceptional difficulties, or exceptional and demonstrable undue hardship on the owner of such property, as distinguished from the mere granting of a privilege? Staff notes that the applicants would not be deprived of the residential use the property if the variance is denied. Without demonstrable undue hardship, approval of the variance would result in the mere granting of a privilege. Staff Recommendation: Staff recommends that the 40 foot front yard setback required for the Lake Charles Hills subdivision on this property may be varied. There is considerable variation in the depths of dwellings from the street in the subdivision. In addition, covered porches can extend five feet into a front yard without variance, so the impact of this proposed addition would be minimal.

3 Application #VAR Aerial Close Up Subject Property

4 Application #VAR Zoning Subject Property

5 Application #VAR Barbara Drive

6 Application #VAR View from side of home

7 Application #VAR View from side of home

8 BOUNDARY SURVEY LOT 61 LAKE CHARLES HILLS PB 6 PG 16, STCHARLES COUNTY, MO. *f!--- P=S 01 30' W ' M=S 01 43'38" W P PLATTED DISTANCE M MEASURED DISTANCE e SET REBAR.t. SET POINT ON LINE FOUND IRON PIPE 1!!1 FOUND IRON ROD 1" = 30' LOT61 WD PROPANE ~TANK 0 -~. LOCO co~ ~"' "'w UJ _... g~ co"' 0 "' co1:o (IJCO II CIJ Q.. II :2 N ooo38'42" E P=61.16' M=60.85' #510 BARBARA PLACE (50'W) s 01 22'42" w P=39.16' M=38.99' SHEET 1 OF 2 PO BOX278 COTTLEVILLE, MO PHONE: Corp # JOB# FB 371:27 FIELD WORK BY: CML/PND DRAWN BY: KSL/AEC REVIEWED BY: WILLIAM JACOB CLARK LS# This is to certify that on March 7th, 2016 a request by Dan & Andrea Wiedemann was made for a Boundary Survey and to locate the improvements on the above named tract and that the results are, to the best of my knowledge, correctly represented on this drawing.

9 Statement of Hardship Wiedemann Residence I LI Lodi Udi d ive n'falion, MO \if* ug- oc000 In order to add on to our current residence the West facing or Front elevation is the only option. We cannot add to the South facing side due to storm water runoff that travels through that side of the yard. Our lot is the lowest point before storm water passes through culverts and into a lake. This low elevation causes our backyard (east) and side yard (south) to be overwhelmed with water during rain. We have worked with your engineers and highway department to keep this from overtaking our home. It is not ideal, but functions well as it currently is. Any additions further to the east or south would create problems. Also, the sanitary sewer exits the house to the rear (east) and around the side (south) as a result of convenience when the NID was established in our subdivision. The north facing side is at boundary limits. We are thinking of expanding our family and need more room. Another bedroom and possibly bathroom would create enough room for us. We love our house and lot and moving is an absolute last resort. As it currently stands we can move forward 7.8' towards the street. To make this addition make sense for room sizes we are requesting a variance to move 4.2 closer to the front. There is a current building line of 40'. This would change it to 35.8'. Thank you for hearing our request.

10 vim q Variances According to page 1 of variances our application is a good candidate if it meets the following conditions listed a-f. A. Yes. Our low lying lot and runoff water issues. We will have to move. B. No. Our lot is unique to the runoff issues. C. No. We aren't interested in adding value. We want to expand our family and add function. We need the space. D. No. We have no intentions of selling. We will only move if this is addition is not an option. E. No. There is currently a 40' building line. Reducing it by 4.2' will leave it at 35.8' which doesn't impede any views or perspectives. F. No. Would not impair airflow, danger of fire, or otherwise endanger public safety. The views of my neighbors would be relatively unaffected. Their elevations are much higher, maybe 8'-12'.