05-28-15 Zoning Board of Adjustment Meeting

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Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 16 Street Side (North) Setback Variance If the Board were to grant a variance in this case, staff would recommend that a condition be considered that required the applicant to meet applicable fire rating requirements in the International Fire Code and/or Building Codes. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion:Staff Finding: a. That the granting of the variance will not be The proposed variance represents a significant contrary to the public interest. deviation from the code. However, the applicant has indicated they would comply with fire rating requirements. Additionally the proposed development would be consistent with those uses surrounding it. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The exceptional hardship unique to this property result in unnecessary hardship because of that would warrant the granting of the variance exceptional narrowness, shallowness, shape, could be considered the narrow nature of the lot, topography or other extraordinary or exceptional being only 75 feet wide. Site circulation could be physical situation unique to the specific piece of diminished if the applicant were required to comply property in question. "Unnecessary hardship" shall with the code in this case. mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this If this variance were approved the proposed chapter will be observed. development would be consistent with the spirit of the zoning ordinance, especially based on the fact that the applicant has agreed to fire rate the wall that is the subject of the encroachment. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or 3