Final Agenda CITY OF OVERLAND PARK BOARD OF ZONING APPEALS Wednesday, October 10, :00 P.M. Council Chamber City Hall 8500 Santa Fe Drive

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1 October 2012 S M T W T F S Final Agenda CITY OF OVERLAND PARK BOARD OF ZONING APPEALS Wednesday, October 10, :00 P.M. Council Chamber City Hall 8500 Santa Fe Drive November 2012 S M T W T F S Board Members: Margaret Klein Chair Ric Johnson Vice-Chair William Bode Don Carter Pat Harriman Jim Johnson William Kidder 1. BZA No Aberdeen Street - Thomas and Joyce Moulis, applicants, are requesting a variance from Unified Development Ordinance, Section , Development and performance standards, to allow a detached garage in the front yard. 2. Discussion of BZA Agenda November 14, 2012 Leslie Karr Manager, Current Planning

2 PLANNING REVIEW COMMENTS PLANNING AND DEVELOPMENT SERVICES FOR BOARD OF ZONING APPEALS October 10, BZA NO Aberdeen Street 1. APPLICANT: Thomas and Joyce Moulis are the applicants for this request. 2. REQUESTED ACTION: The applicants are requesting a variance from Unified Development Ordinance (UDO), Section , Development and performance standards, to allow a detached garage in the front yard. 3. LOCATION: The subject property is located at 9837 Aberdeen Street. 4. EXISTING ZONING: This property is currently zoned R-1, Single-Family Residential District. 5. ANALYSIS: The applicant is requesting a variance to allow a detached garage in the front yard. When the home was constructed in 1972 a carport was constructed in front of the home. Staff reviewed the zoning code at the time and found a detached structure could not be located within 60 feet of the front property line. The carport is approximately 50 feet from Aberdeen Street. However, a permit was issued by the City to allow this carport at this location. The applicant is now proposing to tear down the carport and construct a 22-foot by 24-foot garage with a pitched roof. The roof will change from approximately nine and half feet to 14 feet with the pitched roof. The garage is the same size as the carport and will be 12 feet from the home. The new garage will be located behind the front of the homes on either side of this lot. The home to the west has an attached garage located in front of the main home, which appears similar to this application. In addition, there is not enough room on either the side of the home to construct a driveway to the rear yard. Staff did discuss the possibility of attaching the garage to the house and therefore, a variance would not be needed. However, based upon the design of the house and windows in close proximity to the garage attaching it was not feasible. Siding on the exterior of the garage will match the exterior of the home. The staff has reviewed this application based on the five criteria established for variance requests and has the following comments:

3 STAFF COMMENTS BOARD OF ZONING APPEALS October 10, 2012 BZA NO Aberdeen Street - continued a. Uniqueness of Property: The property is unique due to how far it is setback from the street and is located behind the two adjacent homes. Windows on the home do not allow for attaching the structure to the home. It is also unique because a carport has been located in the same location for approximately 40 years as the requested garage. This new garage is the same size of the existing carport except the garage will be approximately four feet taller. b. Rights of Adjacent Property Owners: The location of the garage is not changing from the existing location of the carport. The only difference is that the garage will have a pitched roof and will be somewhat more visible to the adjacent properties. The pitched roof will result in approximately a four-foot increase in height. Staff does not believe that it will impact the rights of the adjacent property owners. c. Hardship: The hardship if the variance is not granted is the fact that the garage could not be constructed unless it is attached to the house. The carport needs to be replaced due to its age and the home s design does not allow attaching the garage in a simple manner. d. Public Safety and General Welfare: This variance request is not likely to have a negative impact on the safety or welfare of the community. e. Spirit and Intent: The intent of the City s requirement to not allow detached structures in the front yard is to limit the visibility of carports and garages. This home is setback behind the homes to the east and west which limit the visibility of the proposed garage. In addition a carport has been located in this same exact place for 40 years. 6. STAFF RECOMMENDATION: Staff does believe the requested detached accessory structure in the front yard meets the five criteria as stated above. Therefore, staff recommends the Board listen to the applicant s presentation in support of the variance and any concerns of the neighbors, and then approve BZA No , 9837 Aberdeen Street, if it finds that the five criteria have been met, subject to the following stipulation: a. Prior to the construction, a Building Permit shall be obtained. 2

4 Mission Road 98th Street Aberdeen Street C i t y o f L e a w o o d BZA Aberdeen St BZA inch = 400 feet

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10 ABERDEEN ST 9837 Aberdeen St 1 inch = 50 feet

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