Impact
WARD: 7
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V18-035 - Allow rear setback reduction from 20 feet to 8 feet to retain an existing non-conforming deck - Land Lot 752 - 0.21 acres - 2191 Church Road - Guy Garnett
Body
ISSUE: The applicant is requesting a variance to reduce the rear setback from 20 feet to 8 feet in order to retain an existing non-conforming deck and to allow necessary maintenance of the deck within the same footprint. The non-conforming deck was built when the original home was constructed. Section 801 controls rear setbacks in residential zoning districts.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the rear setback of 20 feet. The applicant is requesting a variance to reduce the rear setback to 8 feet to retain an existing non-conforming deck. 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. Similar variances have been approved throughout the city. 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 variance wi...
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