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WARD / COUNCILMEMBER: Ward 5 / Susan Wilkinson
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Public Hearing - Variance Request - V21-069 - Reduce the side setback from 10 feet to 5 feet - Lot 415 - 863 Church Street - Nathan Corbitt
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ISSUE AND BACKGROUND: The applicant is seeking several variances to allow for the construction of a new home on the subject property. These variance requests include setback reductions and stream buffer encroachments. The applicant is proposing to build a new 2,828 square foot two-story single-family home on an undeveloped property within Cheney Woods. Section 801 of the Zoning Ordinance sets the setback requirements in the R-15 zoning district and stream buffers are controlled by Chapter 46, Article VI in the Code of Ordinances.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting to deviate from the development standards established by the City for the following: eastern side setback reduction from 10 feet to 5 feet, rear setback reduction from 30 feet to 15 feet, and encroachment into the City’s 50 foot undisturbed buffer and 75 foot impervious surface setback. 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 variances ...
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