TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Heather Eckhardt, CZO - Planner II
DATE: August 13, 2024
RE:
Title
A24-25. Order of Approval - Findings of Fact: Variance to reduce the minimum side yard setback at 1921 Skibo Road (REID 0417090398000) and being the property of Skibo Square LLC.
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COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros
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
* Objective 2.4: To sustain a favorable development climate to encourage business growth
Executive Summary:
The applicant is requesting a variance to reduce the minimum side yard setback from 3 feet to 0 feet to accommodate a new drive through canopy.
This item was originally scheduled for the June 11, 2024, Zoning Commission however, a quorum was not available and the item was moved to the July 9, 2024 meeting.
On July 9, 2024, the Zoning Commission held an evidentiary hearing regarding this case. After receiving all evidence and testimony, the Commission voted unanimously to approve the variance request.
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 permitte...
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