Impact
WARD: 2
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Appeal the decision of the License and Variance Board for request - V19-002 - Allow reduction of side setbacks from 35 feet to 10 feet - Land Lot 594 - 0.53 acres - 1639 Corn Road - The Woodbery Group - David Woodbery
Body
ISSUE: The Deaf Baptist Church located at 3000 Jonquil Drive ajoins the property at 1639 Corn Road. A variance request was granted for side setback to be reduced from 35 feet to 10 feet to allow construction of a 5 unit townhome. The License and Variance Board voted to approve the applicants request by a vote of 3-0.
The applicant proposed side setbacks of 10 feet. Section 801 requires setbacks in RM-12 zoning district of 35 feet for side setbacks. The property is currently undeveloped. Each townhome unit is 27’ by 50’. The subject property has an irregular shape and the depth varies from 124 feet to 133 feet. The subject property allows a density of 12 units per acre. The development as proposed is 9.43 units per acre. Therefore, the setbacks requested will not increase density above what is allowed under the RM-12 zoning. Additionally, the setbacks requested are necessary to provide stormwater detention on the subject property.
BACKGROUND: The License and Variance Board approved the requested variance on January 9, 2019. The adjoining property owner filed an appeal to that decision for Mayor and Council to hold a new public hearing.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the side setbacks of 35 feet. The applicant is requesting a variance to reduce the side setbacks to 10 feet to construct a 5 unit townhome building. 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 ...
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