Legislation Details

File #: 24-3828    Version: 1 Name: A24-04. Variance
Type: Consent Status: Agenda Ready
File created: 1/31/2024 In control: Zoning Commission
On agenda: 4/9/2024 Final action: 9/9/2026
Title: A24-04. Order of Approval - Findings of Fact - Variance to reduce minimum setbacks, located at 2936 Mirror Lake Drive (REID 0417978540000), and being the property of Benjamin & Victoria Stout.
Attachments: 1. Application, 2. Aerial Notification Map, 3. Zoning Map, 4. Land Use Map, 5. Subject Property, 6. Surrounding Properties, 7. Site Plan, 8. Order of Findings of Fact
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Heather Eckhardt, CZO - Planner II

DATE: April 9, 2024

RE:
Title
A24-04. Order of Approval - Findings of Fact - Variance to reduce minimum setbacks, located at 2936 Mirror Lake Drive (REID 0417978540000), and being the property of Benjamin & Victoria Stout.
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COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne 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 corner side yard and rear yard setbacks for the property located at 2936 Mirror Lake Drive.
Zoning Commission approved this request with conditions at the March 12, 2024 meeting. The one condition created a rear yard setback of 10 feet rather than the 5-foot setback requested by the applicant.
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/Applicant: Benjamin & Victoria Stout
Requested Action: Reduction of corner side yard and rear yard setbacks
Zoning District: Single Fami...

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