Legislation Details

File #: ZBA-24-0001    Version: 1
Type: Report Status: Public Hearing
File created: 10/15/2024 In control: Zoning Board of Adjustment
On agenda: 12/19/2024 Final action: 12/19/2024
Title: Conduct a public hearing and consider a variance request at 3326 Gatwick Pl and take appropriate action.
Attachments: 1. 3326 Gatwick case packet
Title
Conduct a public hearing and consider a variance request at 3326 Gatwick Pl and take appropriate action.

Body
PUBLIC HEARING:
David Luther, owner of Lot 13 Block N of Oakbrook Estates, more commonly known as 3326 Gatwick Place, is requesting permission to encroach the required 10-foot rear yard setback by 5 feet, and the allowed lot coverage of 45% by 3.24% to construct a 451 square foot patio cover. The Comprehensive Zoning Ordinance, Article 3.3.7, requires a minimum 10-foot rear yard setback and 45% maximum lot coverage to allow for open and unoccupied space. A variance to allow the approximately 5-foot encroachment on the rear yard setback and 48.24% lot coverage would be required for a permit to be issued.

EXPLANATION:
The property in question is in the middle of the block along Gatwick backing up to the Brookhaven Golf Course.
The proposed patio cover is 27' 6" wide by 16'-11" long and 23'-9.5" tall and attached to the main structure. Attached accessory structures must comply with the required property setback of 10-feet in the rear yard as referenced in the CZO Article 3.3.7.
Currently, the attached patio cover is proposed to encroach the required rear yard setback by 5 feet. The property survey indicates that the entire rear yard comprises a 20-foot utility easement. Presently, the only utility company using the easement is Oncor, to which the applicant will be required to receive approval to construct it in that location.
Of the 20 houses along Gatwick that back up to the golf course, all are encumbered with the same 20-foot utility easement, resulting in a small rear yard. The applicant is asking to be allowed to encroach the 10-foot rear yard setback by 5 feet to construct the patio cover due to the small backyard.

Just an informational note regarding variances: All variances are unique to the property and circumstances to which they were granted. White past cases can be discussed and referenced, the testimony at the public hearing,...

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