07-12-2001 Regular Meeing and Public Hearing

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Board of Adjustment January 24, 2002 #V 02-001 Page 2 • submit a variance to the Board. of Adjustment seeking relief from the multi -family building setbacks. Citing Section 106-192 B (2) b, the applicant is seeking a variance•from. .the required setbacks of 25'-20' 20'. He is requesting building setbacks of (20% 10'-10') 20' on the front (along Broadway)' and 10' along IC' Street, Oregon Street, and along the inside property lines by the undeveloped - portions of "I:' Street and Texas Avenue. The applicant requests that the Board recognize this hardship. ' On the variance application, the owner stated that the residents would not have green space to enjoy lawns and landscaping. Without relief, garden' areas, gazebos, - and other recreational areas I would. be eliminated. - Further, buildings would be too. close to provide any privacy or open space. The .buildings would be a fire hazard because of their closeness. Virtually no :water absorption would occur because the entire site will contain paving or fountains. This would tax the.surrounding area drainage. Currently, the City's ordinances and various adopted address the issues. raised by the applicant. Currently, the zoning ordinance requires a minimum of 6 percent of the property is landscaped. In terms of building proximity, the City must apply the adopted fire protection and life safety standards and must ensure that all buildings meet these standards prior to occupancy. Drainage issues can be resolved by designing shallow storm water detention into the parking lots to mitigate adverse affects. Analysis: Section 106-192 B(1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on -which the variance is granted Except as otherwise - prohibited the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement - of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific. piece of property in question. "Unnecessary' hardship" shall mean physical hardship relating to the property itself as-