Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V17-059 - Allow side setback reduction from 10 feet to 0 feet for a carport addition on an existing single family residence - 0.40 acres - Land Lot 560 - 1450 Walker Court - Robert Harrison
Body
ISSUE: The applicant is requesting a variance to reduce the side setback from 10 feet to 0 feet at 1450 Walker Court for an attached carport addition at an existing single family residence. Section 801 of the city’s code of ordinance requires a side setback of 10 feet in the R-15 zoning district. The applicant is proposing to build an attached 16 ft. by 16 ft. carport over the driveway of an existing single family residence. The property is 0.40 acres and the applicant is constructing other modifications to enlarge the existing structure which is non-conforming due to its size. The driveway is on the north side of the house and extends to the side property line. The existing home is not centered on the lot, as was primarily located towards the northwest corner of the property. Due to the location of the existing structure, there is minimal area in which to provide a covered carport without a variance reduction.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the City’s 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 variance 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.
2. Downspouts and gutters shall be installed to divert stormwater away from adjacent properties.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.