DCPZP-2008-00575 - Laserfiche WebLink

Home Browse Search

Danetounty Board of Adjustment Minutes Page 4 of 8 June 26,2008 with Condition: 1) That any part of the addition to the existing single-family residence must meet the minimum 10 foot east side yard. (Note that no rear yard variance is required, since the Marshes will record a new Certified Survey Map.) Facts of the Case: 1. The Marshes own Lot 72, Colladay's Point -- platted dimensions of 60 feet x 150 feet or 9,000 square feet (SF) -- a sewered, R-3 Residential lot platted in 1939. The lot is located on a corner of Zor Court and Colladay Point Drive, across from the lake but within 1000 feet, in the Shoreland district associated with Lake Kegonsa. 2. The Marshes' legal description also includes the northerly half of the abutting, vacated 50-foot- wide right-of-way (ROW) of Charles Court. Charles Court was included in the Colladay's Point plat, but was never developed for public or private use. Including the vacated Charles Court area of 25 feet x 60 feet, the Marshes' overall lot size is 60 feet x 175 feet or 10,500 SF combined. (The Town of Dunn vacated Charles Court by Resolution and recorded the document in 1998. It appears that no transfers to adjacent property owners were recorded, but statutorily, the adjacent portions of the ROW revert to them.) 3. The Marshes' property does not meet the minimum 15,000 square feet lot area required for a sewered lot in the Shoreland district, but has more than the complying 100 feet of lot width on Zor Court. 4. The Marshes property includes their two-story house, a two-stall detached garage and an 8 foot x10 foot storage shed. The house and detached garage meet minimum road setbacks, maximum 35% lot coverage for a corner Shoreland lot, and height requirements, but do not meet the minimum 10 feet east side yard. 5. The Marshes have begun the process of recording a Certified Survey Map to combine Lot 72 and the vacated ROW of Charles Court, thus eliminating the south line of Lot 72, and the need for a variance from rear (south) yard setback. A variance from minimum lot area is required when a CSM creates a new lot in the Shoreland district, which must meet the provisions of Sections 11.03(1) and 10.05(4). 6. The Marshes wish to remove the detached garage and add a 28 feet x 36 feet (1,008 SF), 3-stall attached garage. Because of the sanitary sewer grinder pump in the vacated ROW and the corner lot configuration, there is no other possible location for an attached garage. 7. The proposed garage would meet the minimum front (20 feet from Zor Court ROW) setback and maximum lot coverage (proposed addition, existing house and small shed would cover 24.5% of the new CSM parcel). 8. The proposed attached garage would be approximately 29 feet from the south line of the vacated ROW, meeting the minimum rear yard setback of 25 feet. 9. The Marshes mentioned the possibility of changing the roofline of the one-story portion of the house next to the proposed attached garage. Schutte advised them and the Board that this would be a structural alteration, and that the minimum 10 feet east side setback must be maintained (measured to finished wall). Conclusions: 1) Unnecessary Hardship: Denying the variance would unreasonably prevent the use of the lot for its permitted residential purpose. Granting the variance would serve to balance the purposes of Shoreland zoning with the rights of the property owner. 2) Unique Limitations of the Property: The vacated right-of-way was never developed as a roadway and has been used as part of this parcel. The proposed attached garage would be located on the same footprint as the existing detached garage and concrete patio. 3) No Harm to Public Interests: There would be no additional impervious surface. The Marshes' lot is located across the road from the lake, is level, and drains away from it. The proposed Certified Survey Map will increase the complying lot area in the Shoreland district. Motion carried: 4—0.