Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V18-031 - Allow second story on existing single family home with non-conforming front and side setbacks - Land Lot 449 - 0.23 acres - 2821 Fraser Street - Brian Denis
Body
ISSUE: The applicant is requesting a variance to build a second story on an existing home with non-conforming front and side setbacks. The current structure is one story with a front setback of 30 feet on Fraser, 15 feet on Bank Street, and north side setback of 5 feet. Section 801 of the zoning ordinance requires a front setback of 35 feet on Fraser, 23.1 on Bank Street, and side setback of 10 feet.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the R-15 zoning district, which requires a minimum front yard setback of 35 feet on Fraser Street, 23.1 feet on Bank Street, and a north side setback of 10 feet. The applicant requests a variance to build a second story on the existing non-conforming setbacks at 2821 Fraser Street. 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. At the time of this report, Community Development has not received any phone calls regarding the variance request. 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 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 and elevations submitted with the variance application.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.