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Board of Adjustment Meeting <br />January 26, 2017 <br />Circle Drive Setback Variance <br />Zoning Land Use <br />North MU, Mixed Use Residential (553 Circle Dr.) <br />South MU, Mixed Use Residential (541 Circle Dr.) <br />West MU, Mixed Use Residential (621 E. Fairmont <br />Pky.) <br />East MU, Mixed Use Residential (509 Circle Dr.) <br />Applicable Code Provisions: <br />Section 106-333, stipulates the residential area requirements. The following is an excerpt from that <br />section as applicable to this variance request (see highlighted): <br />Uses Min. Min. Min. Yard Max. Min. Max. Lot <br />Lot Lot Setbacks Height Site Coverage/Min. <br />Area Width Area Landscaping <br />Single-6000 -- 9100 40%/N/A <br />Family <br />Detached <br />Analysis: <br />The applicant is requesting approval of a variance that would allow for the construction of a new house. <br />The lot in question is legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park <br />subdivision. If the variance is approved then it will <br />side setback. <br />the literal interpretation of the code approved by the Board subject to the fact that enforcement of the <br />provisions of the code would cause an unnecessary hardship because of circumstances unique to the <br />subject property. The Board is authorized to grant a variance when the Board finds that a number of <br />s analysis of those criteria. <br />Criterion: Staff Finding: <br />a.That the granting of the variance will not beThe granting of the variances being requested <br />contrary to the public interest would allow the applicant the ability to build a <br />side setback. This would not be <br />out of character for the area as many of the <br />surrounding homes extend into their setbacks <br />and even surrounding alleys. <br />b.That literal enforcement of this chapter willThese lots have been platted in their current state <br />result in unnecessary hardship because of since 1895 as part of the Beach Park Subdivision <br />exceptional narrowness, shallowness, shape, Final Plat. There are two hardships associated <br />topography or other extraordinary or with the physical layout of this property. The first <br />exceptional physical situation unique to the is its size, at 2,546 square feet fitting a house into <br />specific piece of property in question. the building envelope would be extremely <br />"Unnecessary hardship" shall mean physical <br /> <br />