variance staff reportwarrenpc.org/board_of_adjustments/ams/2017_v_48_final.pdfthe property has...

VARIANCE STAFF REPORT

Docket Number: 2017-V-48

Public Hearing Date: December 14, 2017

Pre-Application Conference: October 30, 2017

Applicants/Property Owners: Adelle and Gus Rosa 3378 South Glen Gables Boulevard Bowling Green, KY 42101

Location of Property: 3378 South Glen Gables Boulevard

Current Zoning: RS-1A (Single Family Residential)

PVA Parcel Number: 031A-16E-030

Existing Land Use: Single Family Residential

Property Size: 0.3243 +/- Acres Traffic Considerations: The property has frontage on South Glen Gables Boulevard, a County maintained rural local roadway, with fifty (50) feet of right-of-way and twenty-four (24) feet of pavement width. The property also has frontage on Thresher Drive, a County maintained rural local roadway, with fifty (50) feet of right-of-way and twenty-four (24) feet of pavement width. Description of Request: The applicants are requesting two variances:

1) A variance of 10 feet to allow the proposed accessory structure to encroach into the 25-foot setback along Thresher Drive;

2) A variance of 4.5 feet to allow the proposed accessory structure to be 5.5 feet away from the principal structure.

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ZONING ORDINANCE REFERENCE

The provisions of the Zoning Ordinance from which these variances are requested are referenced in Article 4, Section 4.

Section 4.4.5.E Accessory Structures – Accessory buildings, except as otherwise permitted by this Ordinance, shall require a building permit and shall be subject to the following regulation in all single family districts:

4.4.5.E.5: No detached accessory building including, but not limited to smokehouses and fire pits, shall be located closer than 10 feet to any principal building, and may require greater separation when requested by the Fire Marshal/Building Inspector.

4.4.5.E.2: When a corner lot adjoins another lot in the rear which is used for residential purposes, no accessory building or structure shall extend beyond the front of the principal structure or be nearer to the side street than the depth of any required front yard for a dwelling along such side street, again excluding fences 4 feet or less in height.

VARIANCE FINDINGS

KRS 100.243 - Findings necessary for granting a variance:

(1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow for an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:

(a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;

(b) The strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and

(c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.

(2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

The applicants submitted the following narrative to address items a, b and c, listed above:

“I’m asking for a variance to build on the Northwest area of my property as opposed to the Northeast (which I was initially granted a permit to do so), due to my neighbors’ opposition of the construction. My neighbors feel that by building the garage in the Northeast part of my property, it would block their existing view of the open field. By allowing for the construction on the Northwest area of my property, and closer to Thresher Dr. (which would allow me to offset the building as opposed to being directly behind my house and directly obstructing my view) with the variance requested, it would simply make for a more peaceful solution for both my neighbors and myself. Thank you for your consideration.”

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STAFF ANALYSIS

As stated previously, the applicants are requesting two variances as a part of this application. They are requesting that a proposed garage extend 10 feet into the building setback along Thresher Drive, and that the same proposed garage be located 5.5 feet from the principal structure, rather than the required 10 feet. The locations of the existing structure and the proposed garage are shown on the attached Variance exhibit.

CONDITIONS

Section 3.7.5 of the Zoning Ordinance states that in granting a variance, the Board may attach thereto such conditions regarding the location of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of the Ordinance.

If this application is approved, staff suggests including the following conditions:

A revised plat must be recorded, reducing the width of the utility easement along Thresher Drive to 15 feet, prior to the issuance of a building permit.

If required, the proposed structure will be constructed with fire rated materials to be specified

and approved by the Warren County Building Inspector.

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MOTIONS MOTION TO APPROVE THE VARIANCE REQUEST: I make the motion to approve the request for variances at 3378 South Glen Gables Boulevard, Docket number 2017-V-48: a variance of 10 feet to allow the proposed accessory structure to encroach into the 25-foot setback along Thresher Drive; and a variance of 4.5 feet to allow the proposed accessory structure to be 5.5 feet away from the principal structure, with the following conditions:

A revised plat must be recorded, reducing the width of the utility easement along Thresher Drive to 15 feet, prior to the issuance of a building permit.

If required, the proposed structure will be constructed with fire rated materials to be specified and approved by the Warren County Building Inspector.

The testimony presented in this public hearing has shown that the granting of this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; and will not allow an unreasonable circumvention of the requirements of the zoning regulations.

OR

MOTION TO DENY THE VARIANCE REQUEST: I make the motion to deny the request for variances at 3378 South Glen Gables Boulevard, Docket number 2017-V-48: a variance of 10 feet to allow the proposed accessory structure to encroach into the 25-foot setback along Thresher Drive; and a variance of 4.5 feet to allow the proposed accessory structure to be 5.5 feet away from the principal structure. Sufficient testimony has not been presented in this public hearing that the requested variance meet the criteria set forth in KRS 100.243, "Findings necessary for granting variances," as:

(Choose one or more appropriate finding(s) and specific items)

will adversely affect the public health, safety or welfare.

will alter the essential character of the general vicinity.

will cause a hazard or a nuisance to the public

will allow an unreasonable circumvention of the requirements of the zoning regulations.

The proposed development plan does not show that the requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; The proposed development plan does not show that the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; The circumstances are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

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2017-V-48 Page 5 of 8

AG

AG AGAG

AG

HB BE

AG

HB BE

R-E BE

RS-1A BE

RS-1A BE

RS-1A BERS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BERS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BERS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BE

RS-1A BERS-1A BE

RS-1A

BE

RS-1A BE

SOUTH GLEN GABLES BOULEVARD

FOX FIRE COURT

SUNBU

RST CO

URT

AGCBFGB

HBHILIMHP

NBOP-COP-RP

PUDR-ERM-2RM-3

RM-4RRRS-1ARS-1B

RS-1CRS-1D

100 0 100 200 Feet

EXISTING ZONING2017 - V - 48

2017-V-48 Page 6 of 8

SOUTH GLEN GABLES BOULEVARD

FOX FIRE COURT

SUNBU

RST CO

URT

AGRICULTURALCOMMERCIALINDUSTRIALPUBLIC

PUBLIC-INSTITUTIONALMULTI-FAMILY RESIDENTIALSINGLE-FAMILY RESIDENTIALVACANT

100 0 100 200 Feet

EXISTING LAND USE2017 - V - 48

2017-V-48 Page 7 of 8

SOUTH GLEN GABLES BOULEVARDSOUTH GLEN GABLES BOULEVARD

THRE

SHER

DRIVE

THRE

SHER

DRIVE

25 0 25 50 Feet

AERIAL2017 - V - 48

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