Impact
WARD: 2
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V19-003 - Allow reduction of rear setback from 40 feet to 35 feet - Land Lot 594 - 0.53 acres - 1639 Corn Road - The Woodbery Group - David Woodbery
Body
ISSUE: The applicant is requesting several variances to allow construction of a 5 unit townhome at 1639 Corn Road. The applicant proposes a front setback of 20 feet, side setbacks of 10 feet, and rear setback of 35 feet. Section 801 requires setbacks in RM-12 zoning district of 50 feet for front setback, 35 feet for side setbacks, and 40 feet for rear setback. The applicant plans to build a 5 unit townhome building on the subject property. The property is currently undeveloped. Each townhome unit is 27’ by 50’. The subject property has an irregular shape and the depth varies from 124 feet to 133 feet. The applicant is requesting the front setback be reduced from 50 feet to 20 feet, the side setbacks from 35 feet to 10 feet, and the rear setback from 40 feet to 35 feet. The subject property allows a density of 12 units per acre. The development as proposed is 9.43 units per acre. Therefore, the setbacks requested will not increase density above what is allowed. Additionally, the setbacks requested are necessary to provide stormwater detention on the subject property. This request is associated with V19-001 & 002.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the front setback of 50 feet, side setbacks of 35 feet, and rear setback of 40 feet. The applicant is requesting a variance to reduce the front setback to 20 feet, side setbacks to 10 feet, and rear setback to 35 feet to construct a 5 unit townhome building. 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. Similar variances have been approved throughout the city. At the time of this report, Community Development has not received any call in opposition to the request; however an adjacent property owner has expressed concerns regarding stormwater. After a review of the standards above, Community Development believes that the setback reductions will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following condition:
1. Approval of the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan submitted with the variance application.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.