Legislation Details

File #: 24-4378    Version: Name: A24-48. Variance request for building setbacks
Type: Evidentiary Hearing Status: Agenda Ready
File created: 11/27/2024 In control: Zoning Commission
On agenda: 12/10/2024 Final action: 9/9/2026
Title: A24-48. Variance request for building setbacks located at the southeast corner of Hay Street and Myrover Street, owned by North Carolina History Center on the Civil War, Emancipation and Reconstruction Foundation.
Attachments: 1. Application & Site Plan, 2. Aerial Notification Map, 3. Zoning Map, 4. Land Use Map, 5. Subject Property, 6. Surrounding Properties
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Heather Eckhardt, CZO - Planner II

DATE: December 10, 2024

RE:
Title
A24-48. Variance request for building setbacks located at the southeast corner of Hay Street and Myrover Street, owned by North Carolina History Center on the Civil War, Emancipation and Reconstruction Foundation.
end

COUNCIL DISTRICT(S):
Council District(s)
2 - Malik Davis


b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
* Objective 2.1: To ensure a diverse City tax base
Goal 4: Highly Desirable Place to Live, Work, and Recreate
* Objective 4.5: To ensure a place for people to live in great neighborhoods


Executive Summary:
The applicant is requesting a one-foot setback on the east side of the subject property, adjacent to the Martin Luther King Jr Freeway. The ordinance would require a 25-foot setback.

The subject property is the future site of the North Carolina History Center on the Civil War, Emancipation, and Reconstruction.

30.2.C.14 Variance:
The purpose of a variance is to allow certain deviations from the dimensional standards of this Ordinance (such as height, yard setback, lot coverage, or similar numeric standards) when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.
Variances are to be sparingly exercised and only in rare instances or under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or applicable conditions of approval ...

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