Legislation Details

File #: 24-4194    Version: 1 Name: A24-41. Variance
Type: Evidentiary Hearing Status: Agenda Ready
File created: 8/26/2024 In control: Zoning Commission
On agenda: 9/10/2024 Final action: 9/9/2026
Title: A24-41. Variance to reduce the minimum rear yard setback at 810 S Eastern Boulevard (REID #0436775716000), and being the property of 301B45K, LLC.
Attachments: 1. Application, 2. Aerial Notification Map, 3. Zoning Map, 4. Land Use Map, 5. Subject Property, 6. Surrounding Properties, 7. Site Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Division Manager
Heather Eckhardt, CZO - Planner II

DATE: September 10, 2024

RE:
Title
A24-41. Variance to reduce the minimum rear yard setback at 810 S Eastern Boulevard (REID #0436775716000), and being the property of 301B45K, LLC.
end

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


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
Goal 4: Highly Desirable Place to Live, Work, and Recreate
* Objective 4.5: To 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 from 50 feet to 15 feet. This variance will address non-conforming structures on an adjacent property under different ownership.

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: 301B45K LLC
Applicant: Mike Adams, MAPS
Requested Action: Reduce minimum rear yard setback from 50 feet to...

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