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WARD / COUNCILMEMBER: Ward 3 / Travis Lindley
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Title
Public Hearing - V21-052 - Driveway setback reduction from 5 feet to 1 foot - Land Lot 489 - 2631 Brown Circle - Zoe Bayley
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ISSUE AND BACKGROUND: The applicant is seeking to reduce the side setback from 10 feet to 4 feet to allow for the construction of a new storage shed as well as reducing the driveway setback from 5 feet to 1 foot to replace the existing gravel driveway with a concrete driveway. Section 801 of the Zoning Ordinance sets the setback requirements in the R-15 zoning district.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for a side setback reduction from 10 feet to 4 feet and a driveway setback reduction from 5 feet to 1 foot. 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 encroachments will not adversely affect surrounding residents; 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.