Legislation Details

File #: 24-3769    Version: 1 Name: A23-54
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: A23-54. Order of Approval - Findings of Fact: Variance to increase maximum fence height, located at 1010 Marlborough Road (REID 0427101984000), and being the property of Greg and Effie Kalevas.
Attachments: 1. Order of Findings of Fact, 2. Application, 3. A23-54 Aerial Notification Map, 4. A23-54 Zoning Map, 5. A23-54 Future Land Use Map, 6. Subject Property, 7. Surrounding Properties, 8. Site Drawing
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: December 12, 2023

RE:
Title
A23-54. Order of Approval - Findings of Fact: Variance to increase maximum fence height, located at 1010 Marlborough Road (REID 0427101984000), and being the property of Greg and Effie Kalevas.
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 maximum fence height 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: Greg and Effie Kalevas
Applicant: Bryan Fisher
Requested Action: Increase maximum fence height.
Zoning District: Community Commercial (CC)
Property Address: 1010...

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