Legislation Details

File #: 24-3768    Version: 1 Name: A23-51
Type: Consent Status: Agenda Ready
File created: 1/2/2024 In control: Zoning Commission
On agenda: 1/9/2024 Final action: 9/9/2026
Title: A23-51. Order of Approval - Findings of Fact: Variance to increase maximum fence height in the front yard and reduce minimum required setback for a fence in the front yard, located at 325 Cumberland Street (REID: 0437582772000), and being the property of Ira Neil Grant.
Attachments: 1. Order of Findings of Fact, 2. A23-51 Complete Application, 3. A23-51 Aerial Notification Map, 4. A23-51 Zoning Map, 5. A23-51 Future Land Use Map, 6. Subject Property, 7. Surrounding Properties, 8. Site Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Demetrios Moutos - Planner I

DATE: January 9, 2024

RE:
Title
A23-51. Order of Approval - Findings of Fact: Variance to increase maximum fence height in the front yard and reduce minimum required setback for a fence in the front yard, located at 325 Cumberland Street (REID: 0437582772000), and being the property of Ira Neil Grant.
end

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


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 increase the minimum fence height in a front yard and to reduce the required setback for a fence in a front yard, in the Community Commercial zoning district (CC).
On December 12, 2023, the Zoning Commission held an Evidentiary hearing regarding this case. After receiving all evidence and testimony, the Commission voted 5-0 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: Ira Neil G...

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