12-29-11 Zoning Board of Adjustment

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Board of Adjustment December 29, 2011 Page 2 As a part of the PUD development process, a Special Conditional Use Kermit ##04 -012 dated 8- 23 -04, General Flan and Developer's Agreement are in place for this development. Later, few changes to an overall land plan and split of general partners caused amendments to the Developer's Agreement. Currently, the developer has a Developer's Agreement for Section l approved by City Council in July of 2008, as well as conditions approved and required in the SCUT' approved in concert with the subdivision plat. The Developer's Agreement, along with other documents, outlines the Developer's responsibilities relating to development of the tract. The agreement notes that several" Developers Items" for Section I anticipated a May 2008 completion. Since some of these developers items have yet to be completed, a Memorandum of Agreement between the developer and the City= was signed on April 14 2010, to address a request to dig detention north of Wharton Weems. Boulevard in order to use the dirt. The developer has recently completed wrought iron fence located along the golf course adjacent to Section I using City approved specifications. The final completion date has been June 1, 2010. Now, the developer has introduced a builder (D. R. Horton) for this development. Staff is diligently working with the new builder to start building homes in Section L As a part of their due diligence, the builder is experiencing some difficulties to accommodate several building plans on the cul -de -sac lots. A major issue involved front building setbacks. Using the City's setback standards, the submitted plans do not meet the requirements. Staff discussed the following options with the applicant: re-arrange the building layout within the existing lot area to comply with setback requirements; a add additional land from the rear and re-plat the proposed subdivision to meet the building setbacks; or a submit a variance to the Board of Adjustment seeking relief of the front building setbacks. Citing Section 106 -192 B (2) b, the applicant is seeking a variance from the required setbacks of 20'for all cul -de -sac lots. Applicant is requesting building setbacks of 15' on the front for lots 1318, 21-24, 29 -32, 37 -40, and 44 -49, block 2, Lakes at Fairmont Greens Subdivision. The applicant requests that the Board recognize this hardship. On the variance application, the applicant stated that reducing the front building lines of the cul -de -sac lots will allow for a consistent product offering throughout the community and a more aesthetically pleasing streetscape with