Laserfiche WebLink
n <br /> Meeting Date: 5/18/92 <br /> Agenda Item: 2 <br /> ITEM: Request for a variance in section 9 -4.01 4 <br /> zoning code for 2099 Folwell Avenue ](c) of the <br /> SUBMITTED BY: Ms. Barbara Shiels, Property Owner <br /> Mr. Frank Preese, Property Owner <br /> REVIEWED BY: Susan Hoyt, City Administrator acting as planner <br /> EXPL ANATION /DESCRIPTION: <br /> Request: <br /> Ms. Shiels and Mr. Preese are planning to build a new home on the <br /> vacant lot at 2099 Folwell. They are requesting a variance in <br /> the east sideyard requirement of five feet in order to try to <br /> save an existing 20" caliper elm tree on the property. The <br /> property owner did not request a specific distance for the <br /> sideyard variance. After discussions with the city forester and <br /> with Ms. Shiels, staff recommends a maximum variance of 1 1/2 <br /> feet from the required five feet be considered by the commission. <br /> The location of the structure on the trapezoidal lot make a <br /> variance necessary for a small portion of the rear of the <br /> structure (see attachment A). This is the deck area. And, if <br /> the variance is approved, a portion of the deck will be 3 1/2 <br /> from the sideyard line. <br /> Analysis: <br /> As indicated in the site plan (attachment B), the house was <br /> originally sited for 10' 3" from the east side lot line. This <br /> sideyard is 5' 3" greater than required by the zoning code. <br /> Therefore, without granting a variance the dwelling can be moved <br /> 5' 3" further to the east and 5' 3" away from the elm tree. With <br /> a variance of 1 1/2' the tree will be 6'9 away from the <br /> proposed structure. <br /> Will this distance adequately protect the tree? The city <br /> forester explained that it is difficult to anticipate whether or <br /> not a tree will be harmed by construction because root systems <br /> vary. There are examples where street projects cut within a few <br /> inches of a tree, yet the tree lives. However, she said a <br /> distance of more than 5' will give the tree a good chance of <br /> surviving. The additional distance of 1 1/2 will increase that <br /> possibility as well as keep the tree limbs further away from the <br /> proposed structure. <br /> The property to the east which will be affected by the request is <br /> a 25 foot strip controlled by a city easement. Although there <br /> are no plans for using this easement, it is difficult to predict <br />