Impact
WARD: 6
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V17-050 - Approve non-conforming north side setback from 10 feet to 3 feet for the existing structure - 0.37 acres - Land Lot 526 - 3596 Marion Street - Jacqueline & Ben Geer
Body
ISSUE: Staff recommends formal approval of a non-conforming side setback reduction from 10 feet to 3 feet for the existing structure. Also, the applicant is requesting a variance to reduce the front setback from 35 feet to 27 feet at 3596 Marion Street for a front porch addition to an existing single family residence. Section 801 of the city’s code of ordinance requires a front setback of 35 feet and side setback of 10 feet in the R-15 zoning district. This request is associated with V17-049
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the City’s front setback requirement of 35 feet and side setback requirement of 10 feet in the R-15 zoning district, found in section 801 of the Zoning Ordinance. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. Community Development has reviewed the request against the variance review standards and found them to be in compliance with the review standards. Similar variances for additions have been granted, and Community Development believes that the requested variance will not adversely affect surrounding residents. At the time of this report, Community Development has not received any phone calls in opposition to the variance request. Therefore, Community Development recommends approval of the requested variances with the following condition:
1. Approval of the subject property for the requested variance shall be conditioned upon substantial compliance with the site plan submitted.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.