03-03-16 Special Called Zoning Board of Adjustment Meeting

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Board of Adjustment Special Called Meeting March 3, 2016 Lemon House Variance Because this northern lot is less than the code requires for both lot area and width, the applicant is required to request a variance to both of those standards. Additionally, the applicant is requesting a variance to the front setback that would allow for a 10-foot encroachment into the front setback for the house and an additional 10-foot encroachment for the staircase only. With regard to the setback variance request, the rear setback required for single family detached residential is 15 feet. The applicant could move the proposed building back 10 feet and the structure would comply with both the front and the rear setbacks for the primary structure. This would leave only a 10-foot encroachment for the staircase only. It is important to note that there are other houses in the vicinity that encroach into the required front setback. Additionally, the applicant is requesting a variance to the lot coverage requirement. The footprint of the approximately 2,215 square feet in area). The proposed size of the structure is reasonable and consistent with other single family detached residential houses throughout the community. However, because the total lot size is 4,700 square feet in area, which is less than the code requirement, the coverage proposed with this house is higher than other properties throughout the community where the lot size is in compliance with the minimum code requirements. 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 f Criterion: Staff Finding: a. That the granting of the variance will not be The granting of the variances being requested contrary to the public interest would allow the applicant the ability to replat Lots 19 and 20 and construct a new house on the northern lot. Because of the location of the existing structures on the lots as well as the replatting and placement of the new lot line, the northern lot cannot comply with the minimum requirements for lot size and lot width. Additionally, the proposed house does not comply with the proposed front setback or lot coverage. The size of the house proposed is reasonable and consistent with other structures in the community. It can be argued that the front setback would be consistent with other houses in the surrounding area. However, the applicant could move the proposed structure back 10 feet to comply with the front setback while still complying with the rear setback.