Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V18-023 - Reinstatement for reduction of front setback from 35 feet to 23 feet for the construction of an addition to a single family residence - 0.37 acres - Land Lot 488 - 2761 Guthrie Street - Thomas Regeski
Body
ISSUE: The applicant is requesting a variance to reduce the front yard setback for 2761 Guthrie St from 35 feet to 23 feet for construction of an addition and front porch to a single-family residence. The development standards established by the City for the R-15 zoning district require a minimum front yard setback of 35 feet. This was previously approved on July 13, 2016 by the License and Variance Board, however the applicant never obtained a building permit and the variance has expired. Additionally, the applicant is requesting a side setback reduction from 10 feet to 5 feet to build a two car garage, 22 feet by 22 feet. This request is associated with V18-023 - V18-024.
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 and side setback of 10 feet. The applicant requests a reduction of the front setback for 2761 Guthrie Street to 23 feet for the construction of a front porch and living room to a single-family home, and reduction of the side setback to 5 feet for the construction of a garage. 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.