TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: December 10, 2024
RE:
Title
A24-47. Variance Request for Minimum Yard Setbacks at 4168 Ferncreek Drive (REID #: 0417724116000), owned by Faisal A. Emam, Salwa Ali Seidi, and Hana A. Seidi.
end
COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022 - Goals 2027
* Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: Ensure a diverse City tax base.
* Goal 4: Highly Desirable Place to Live, Work, and Recreate.
o Objective 4.5: Ensure great neighborhoods for residents.
Executive Summary:
The applicant requests a variance from Section 30-3.D.5 of the City Code to reduce the required rear yard setback from 30 feet to 0 feet to construct a 30x16 family room addition. This request arises from a misunderstanding of the property boundary at the time of purchase, as the applicant mistakenly believed that the fence marked the property line.
The subject property is located in a Mixed Residential 5 (MR-5) zoning district and is currently used as a single-family residence. Surrounding properties also fall under the MR-5 zoning designation and are utilized for single-family residential purposes. The back of the property borders a wooded area adjacent to the All-American Expressway, providing a natural buffer from highway activity.
Approval of this variance would allow the applicant to fully utilize the rear portion of the property for the proposed addition while maintaining the residential character of the surrounding neighborhood.
According to Section 30.2.C.14, a variance is designed to allow deviations from the dimensional standards of the Ordinance when exceptional circumstances beyond the landowner's control would cause undue hardship if the strict application of the standards were enforced. It is important to note that a variance does n...
Click here for full text