Impact
WARD: 3
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V19-013 - Allow front setback reduction from 35 feet to 31 feet for an addition to a single family residence - Land Lot 485 - 0.32 acres - 1120 Dell Avenue - Jonquil Homes LLC
Body
ISSUE: The applicant is requesting a variance to reduce the front setback from 35 ft. to 31 ft. to construct an addition to a single-family home at 1120 Dell Avenue. Section 801 requires a front setback in FC (Future Commercial) zoning district of 35 ft. The FC zoning district utilizes the same setbacks as R-15. The applicant is requesting a variance to reduce the front setback to construct an addition on an existing single-family residence. The existing home is 4 ft. behind the 35 ft. front setback. The addition will consist of a (8’ by 23’) front porch that extends into the front setback approximately four feet. Therefore, the applicant is requesting a variance to reduce the front setback from 35 ft. to 31 ft. The subject property is under renovations, however that scope of work does not require variance approval.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the front setback of 35 ft. The applicant is requesting a variance to reduce the front setback to 31 ft. to construct a front porch on an existing single-family residence. 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 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 submitted with the variance application.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.