TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: March 12, 2024
RE:
Title
A24-13. Variance to reduce the minimum front and rear yard setbacks, located on an unaddressed parcel at the intersection of Sandy Valley Road and Southern Avenue (REID# 0426801531000), totaling 0.18 acres ±, and being the property of Timothy Davis.
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 reduce the front and rear yard setbacks for the property located at 0? Drive (REID# 0426801531000).
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: Timothy Davis
Requested Action: Reduction of front yard setback
Zoning District: Single Family Residential 6 (SF-6) & Airport Overlay District (AOD)
Property Address: 0? Drive
Size: .18 acres ±
Existing Land Use: Vacant
Surrounding Zoning and Land Uses
Northwest: SF-6 and CC - Vacant/Rapha Ministries Family Center, Inc.
South: CC - Vacant/Wooded
East: R6 - Single family house
West: SF-6 and CC - Get Ugly off Road, LLC and Single Family
Postcards Mailed: 25
Issues/Analysis:
The applicant and property owner, who acquired the property from the Hogan Family Living Trust in October 2023, is seeking approval for a project on the subject property, which is part of the Southlawn Subdivision platted in 1946. The property comprises lots 193 and 194 of the Southlawn Subdivision, recorded in Book of Plats 11, Page 27, with the Cumberland County Register of Deeds.
Section 30-3.D.4 of the Unified Development Ordinance outlines the setbacks required for the Single Family Residential 6 (SF-6) zoning district. The UDO requires the following setbacks:
- Front: 25 feet
- Corner Side: 25 Feet
- Side: 10 feet
- Rear: 30 feet; 15 feet when the corner side setback is 25 feet or more
The subject property, located at the corner of Southern Avenue and Sandy Valley Road, is legally nonconforming due to its dimensions. Measuring approximately 50 feet wide and 158.75 feet deep (with a considerably longer depth than width), the lot's configuration creates an issue when adhering to the mandated 25-foot front setback requirement.
The applicant is requesting to reduce the required setbacks to the following:
- Front: 11.44 feet
- Corner Side: No change
- Side: No change
- Rear: 11.44 feet
Insufficient Justification for Variance
The following does not constitute grounds for a Variance:
1. The siting of other nonconforming or conforming uses of land or structures in the same or other districts;
2. The request for a particular use expressly, or by inference, prohibited in the district; or
3. Economic hardship or the fact that property may be utilized more profitably with a Variance.
Subsequent Development
The applicant intends to construct a house on the subject property in the future. The applicant does not have specific plans for the house at this time but would like to address the setback restrictions at this time.
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
The applicant states “I would like to add a single family home to this vacant lot. Because of the current setback and size, it would be difficult to put a house on this lot.”
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
The applicant states “It's a corner lot and it's small and I purchased that way. They are small lots in the area as well but they are not corner lots.”
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
The applicant states “This the minimum that is needed to put a house on the property.”
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The applicant states “I was planning on building a house in a residential area.”
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
The applicant states “To put a single-family home there”
Budget Impact:
There is no immediate budgetary impact.
Options:
The Board’s Authority: The board has the authority to approve or deny the request and must base its decision on the answers to the following five required findings of fact:
If a member believes that the evidence presented is substantial, competent, and sufficient to meet the required findings of fact then the member may make a motion to approve the variance and the members must state all of the following five findings of fact along with the evidence that was presented to satisfy each finding.
If the members cannot find specific supporting facts under all five findings of fact, the members must consider a motion of denial. A motion of denial should indicate which of the five (5) of the findings of fact cannot be met.
The board can also place reasonable conditions on any variance approval.
If a member wishes to make a motion to approve the variance they should make a brief statement that recaps the evidence showing each of the five findings of fact. Any discussion by the Board following a motion may include a recap of the evidence supporting each of the five (5) factual findings.
Possible Motions and Factual Findings:
Motion to approve a variance to reduce the front and rear yard setbacks to 11.44 feet.
Findings of Fact Required to Approve this Request:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
______________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
______________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_____________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
______________________________________________________________________
5. In the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
______________________________________________________________________
Motion to approve the variance(s) as requested but with added conditions
Findings of Fact Required to Approve this Request with added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
___________________________________________________________________
Motion to deny the variance as requested.
Findings of Fact Statements Required to Deny this Request:
1. There is not sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
________________________________________________________________
2. There is not sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
_______________________________________________________________
3. There is not sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_______________________________________________________________
4. There is not sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
_______________________________________________________________
5. There is not sufficient evidence that in the granting of the Variance, the public safety and welfare has been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________.
Recommended Action:
Staff does not make recommendations for Evidentiary Hearings.
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Map
5. Subject Property Photos
6. Surrounding Property Photos
7. Site Plan