Impact
WARD / COUNCILMEMBER: Ward 4 / Councilmember Welch
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V21-102 - Allow encroachment into the 75-foot Impervious Surface Setback - 2.65 acres - Land Lot 334 - 570 Disposal Plant Rd - Sarai Jones
Body
ISSUE AND BACKGROUND:
The applicant is proposing to build a new home on an existing lot of record that is currently undeveloped at 570 Disposal Plant Road. The applicant is requesting a variance to allow a front setback reduction and encroachment into the City’s 75-foot impervious setback to construct the new home. The City’s stream buffers are controlled by Chapter 46 of the City’s Code of Ordinances and residential setbacks are controlled by Section 801 of the City’s Zoning Code. The site plan shows four guest parking spaces on the west side of the property. Community Development recommends those be removed to reduce impervious coverage and impact to the stream.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting relief from the City’s 75-foot impervious setback and 35-foot front setback to construct a new home on the subject property. 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 it to be in compliance with four (4) of the four (4) standards. After a review of the standards above, Community Development believes that the encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition:
1. Approval of the subject property for the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan and elevations submitted with the variance application.
2. The four guest parking spaces be removed from the site plan.
3. The applicant shall provide water quality for the site subject to approval by they City Engineer.