TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: January 9, 2024
RE:
Title
A23-50 Order of Approval - Findings of Fact: Variance to reduce minimum rear yard setback, located at 1840 Ashton Road (REID 0416411779000), and being the property of Migdal Perez.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Bissette Greene
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 4: Desirable Place to Live, Work and Recreate
Objective 4.5 - Ensure a place for people to live in great neighborhoods.
Executive Summary:
The applicant is requesting a variance to reduce the minimum rear yard setback in the Single Family Residential 10 zoning district (SF-10) for a room addition that was built and connected to the existing building.
On December 12, 2023, the Zoning Commission held an Evidentiary Hearing regarding this case. After receiving all evidence and testimony, the Commission voted 4-1 to approve the Variance application.
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 may be authorized by variance.
Background:
Owner: Migdal Perez
Applicant: Migdal Perez
Requested Action: Reduce minimum rear yard ...
Click here for full text