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WARD / COUNCILMEMBER: Ward 3 / Travis Lindley
$ IMPACT: N/A
Title
Public Hearing - V21-062 - Allow encroachment into the 75-foot impervious setback - Lot 381 - 685 Smyrna Hill Drive - Wilshire Senior I, LP
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ISSUE AND BACKGROUND: The applicant is requesting a variance to allow encroachment into the City’s 75-foot impervious setback as part of a larger senior living apartment development project. The City’s stream buffers are controlled by Chapter 46 of the City’s Code of Ordinances.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting relief from the City’s 75-foot impervious setback to allow for parking within the buffer. 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 properties; therefore, staff recommends approval of the requested variance with the following conditions:
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 applicant shall provide a pervious paver detail to the City Engineer for approval prior to the issuance of a land disturbance permit.