TO: Zoning Commission
THRU: Jennifer C Baptiste, CZO - Planning & Zoning Division Manager
FROM: Craig Harmon, CZO - Senior Planner
DATE: October 13, 2026
RE:Title
A26-33: Order to Approve Findings of Fact: A variance at 5103 Hayden Lane (0405976938000) to reduce the rear setback to 24 feet in a Single-Family Residential 10 (SF-10) zoning district owned by Raffaella Massa of Castle Rising Properties LLC.
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COUNCIL DISTRICT(S):
Council District(s)
5 - Council Member Lynne Greene
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2027
Goal II - Economic Growth and Strategy
• Objective 2.6: To manage the city’s future growth and strategic land use.
Goal IV - Desirable Place to Live, Work, & Recreate
• Objective 3.5: To ensure a place for people to live in great neighborhoods.
Executive Summary:
Castle Rising Properties, LLC requests an 11-foot variance from the required 35-foot rear-yard setback for the property at 5103 Hayden Lane. The variance would allow a single-family residence to be located onto the SF-10-zoned lot with an approximate rear setback of 24 feet. The request applies only to the rear setback, and the applicant states that all other applicable zoning requirements will be met.
The applicant states that the lot’s irregular shape, angled property lines, and curved road frontage limit the available buildable area and make compliance with both the required front and rear setbacks impractical.
According to the application, the requested relief is the minimum necessary to permit reasonable residential use of the property, maintain appropriate spacing from adjoining properties, and preserve the residential character of the surrounding area without adversely affecting public safety or welfare.
Background:
Owners: Castle Rising Properties, LLC
Applicant: Raffaella Massa, Castle Rising Properties LLC
Requested Action: Variance to reduce the rear yard setback by 11 feet to 24 feet in a zoning district where a 35 feet setback is required.
Zoning District: SF-10 - Single-Family Residential 10
Property Address: 5103 Hayden Ln
Size: 0.26 acres ±
Existing Land Use: Vacant
Surrounding Zoning and Land Uses
• North: CC - Single-family residential
• South: R10 - County Single-family residential
• East: SF-10 - Single-family residential
• West: SF-10 - Single-family residential
Letters Mailed: Notices sent to all owners within a 300-ft. buffer of the subject parcel (21 addresses on the culled mailing list).
Issues/Analysis:
Castle Rising Properties, LLC requests an 11-foot variance from the required 35-foot rear-yard setback for the SF-10-zoned property at 5103 Hayden Lane. The proposed placement of an existing single-family residence would be then be required to meet an approximate rear setback of 24 feet. The request is limited to the rear-yard setback, and the applicant states that all other applicable zoning requirements will be satisfied.
The Zoning Commission must determine whether the evidence presented demonstrates that all five variance standards are met.
1. Practical Difficulties and Unnecessary Hardship
Applicant’s Response: The applicant states that strict application of the 35-foot rear setback creates a hardship because the lot’s irregular shape and dimensions significantly limit the available buildable area. According to the application, the residence cannot reasonably be placed on the lot while complying with all other required setbacks, and the requested 11-foot reduction is the minimum relief necessary to allow reasonable residential use.
2. Unique Circumstances Related to the Land
Applicant’s Response: The applicant identifies the lot’s angled property lines, curved road frontage, and overall configuration as circumstances unique to the property. The application states that these conditions were not created by the property owner and are not common to the surrounding neighborhood. It further states that complying with both the 30-foot front setback and the 35-foot rear setback is impractical because of the parcel’s layout.
3. Minimum Action Necessary
Applicant’s Response: The applicant states that the requested variance is the minimum action necessary to permit reasonable residential use of the property. The proposed placement is described as providing a practical and balanced site layout while maintaining reasonable spacing from adjoining properties and remaining compatible with surrounding development.
4. Harmony with the Ordinance
Applicant’s Response: The applicant states that the variance would allow reasonable residential use of a legally created lot while preserving the residential character of the surrounding neighborhood. The proposed use is a single-family residence, and the applicant states that the placement would not adversely affect adjoining properties, public safety, or general welfare.
5. Public Safety, Welfare, and Substantial Justice
Applicant’s Response: The applicant states that granting the variance would not negatively affect public safety or welfare because the property would remain in residential use and the requested relief is limited to the amount necessary to address the lot’s configuration. The applicant further states that approval would allow reasonable use of the property while maintaining compatibility with nearby residences.
The Commission should determine whether the applicant has presented competent evidence that all five variance standards are met based on the information presented in the application and testimony given during the evidentiary hearing. Any approval should include specific findings for each standard and remain subject to all other applicable zoning, building, fire, stormwater, and permitting requirements.
Budget Impact:
No significant City budget impact is anticipated. Staff review and administrative costs are expected to be absorbed within existing departmental resources.
Options:
1. Approve the drafted Findings of Fact which match the drafted Order to Approve A26-28 and the hearing record.
2. Approve the Findings of Fact with revisions that the Zoning Commission requests and the hearing record supports.
Recommended Action::Recommended Action
The Professional Planning Staff recommends approving option 1.
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Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Future Land Use Map
5. Subject Property
6. Surrounding Properties
7. Site Plan
8. A26-33 ZC Staff Report
9. Order to Approve A26-28 - Findings of Fact and Conclusion of Law