Legislation Details

File #: 26-0383    Version: 1 Name: A26-22: Variance to the Corner Side Setback
Type: Evidentiary Hearing Status: Agenda Ready
File created: 6/4/2026 In control: Zoning Commission
On agenda: 6/9/2026 Final action:
Title: A26-22: Request for a Variance to the Corner Side Setback at 423 MCPHEE DR (0427432465000) on a 0.39 acre lot owned by Robert and Evelyn Spicer.
Attachments: 1. Application, 2. Aerial Notification Map (1), 3. Current Zoning Map, 4. Future Land Use Map, 5. Subject Property, 6. Surrounding Property, 7. Plot Plan
TO: Zoning Commission

THRU: Jennifer Baptiste - Planning & Zoning Division Manager

FROM: Craig Harmon, Senior Planner

DATE: June 9 2026 (Tabled from May 12, 2026)

RE:Title
A26-22: Request for a Variance to the Corner Side Setback at 423 MCPHEE DR (0427432465000) on a 0.39 acre lot owned by Robert and Evelyn Spicer.
Title
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COUNCIL DISTRICT(S):
Council District(s)
5 - Greene


b
Relationship To Strategic Plan:
Goal III - City Investment Planning: The Board's quasi-judicial action sits squarely inside Goal III's charge to "manage the City's future growth and strategic land use" and to "sustain a favorable development and business climate through timely and accurate construction review and building inspection services." Administering a variance by the book - grounded in competent, material, substantial evidence - supports both objectives by applying the UDO precisely while enabling small-scale reinvestment when warranted.
Goal IV (Live, Work, & Recreate): Objective 4.5 calls for "a place for people to live in great neighborhoods." Where a setback modification can be conditioned or narrowed to protect light, air, privacy, and block character, it aligns with that neighborhood-quality focus rather than undermining it. (If the record shows adverse effects, denial is also consistent with Goal IV's quality-of-life lens.)
Goal II (Diverse & Viable Economy): Objective 2.4 targets "a favorable development climate to encourage business growth." At the household scale, a compliant variance pathway is part of that climate - reducing friction for code-consistent home investments while maintaining predictable rules. The plan tracks this climate with KPI's like permitting timeliness and vacancy/appearance indicators; consistent variance administration contributes indirectly to those results.
Goal VI (Collaborative Government): The case workflow (public notice to owners within 300 feet, evidentiary hearing, on-record findings) embodies Goal VI's ...

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