12-13-16 Regular Called Zoning Board of Adjustment Meeting

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Board of Adjustment Meeting December 13, 2016 Bay Point Lot Size Variance Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City's website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned R-1, Low -Density Residential. The subject site has two existing residential structures on site. The following table summarizes the surrounding zoning and land uses: Zoning Land Use " North R-1, Low -Density Residential Residential (518 S. 3rd St.) South R-1, Low -Density Residential Residential (606 S. 3rd St.) West R-1, Low -Density Residential Residential (601 S. 4t" St.) East R-1, Low -Density Residential Residential (601 S. 3rd St.) icable Code Provisions: Section 106-333, speaks to residential area requirements. The following is an excerpt from that section as applicable to this variance request: Uses Minimum Lot Area Minimum Yard Setbacks L. F. F. R.S. Single-family detached 6000 25-15-5 Analysis: The applicant is seeking approval of a variance that would allow her client to replat his property into two lots, both under 6,000 square feet, and allow the house on the western lot to maintain a setback smaller than 25'. Section 106-192 of the Code of Ordinances 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 variances will not be The use of both properties would be in line with contrary to the public interest the surrounding area and is the intention of the zoning district. The City requires minimum lot sizes and setbacks as a way to protect property values and create a consistent look amongst R-1 housing. b. That literal enforcement of this chapter will The size of the original lot makes it impossible for result in unnecessary hardship because of the lot to be platted into two conforming lots. exceptional narrowness, shallowness, shape, The front setback cannot be met on the new topography or other extraordinary or western lot because of an existing house placed exceptional physical situation unique to the on the property by the original owner in 1940. specific piece of property in question.