Title
ZV(R)2023-0081 - 0083
James Hort, 1420 NW 86 Terrace, (District 2)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
James Hort, owner, submitted three residential zoning variance requests for an existing driveway and a 12’ x 9’ shed for the single-family residence located at 1420 NW 86 Terrace in the Boulevard Heights neighborhood, which is zoned R-1C, Residential Single-Family.
On December 19, 2022, the City’s Code Compliance Division cited the owner (Case No. 221203027) for work performed without building permits.
In April 5, 2022, the property owner submitted a building permit application (RX22-00645) to legalize the completed driveway work. The permit application and documents revealed that the existing driveway exceeded the limitations of the City’s Land Development Code (LDC); therefore, the applicant is requested the following:
• ZV(R) 2023-0081 is to allow 77% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot. (TABLED)
• ZV(R) 2023-0082 is to allow 55% width of lot instead of the allowed 40% width of lot for an existing driveway in a typical lot. (TABLED)
• ZV(R) 2023-0083 is to allow a foot, six inches (1’ - 6”) side setback along a segment of the northern property line instead of the required five feet (5’) setback for an existing 12’ x 9’ shed in a typical lot. (TABLED)
• ZV(R) 2023-0081 is to allow 70% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot. (TABLED)
• ZV(R) 2023-0082 is to allow 55% width of lot instead of the allowed 40% width of lot for an existing driveway in a typical lot. (TABLED)
• ZV(R) 2023-0083 is to allow a foot, six inches (1’ - 6”) side setback along a segment of the northern property line instead of the required five feet (5’) setback for an existing 12’ x 9’ shed in a typical lot. (TABLED)
The above variance requests were heard by the Board on October 5 and November 2, 2023, meetings. The applicant was directed to reconsider the requests and to possibly provide an alternative plan to further reduce the amount of paving in the front of the house.
Per the updated request, the new plan shows the width of the driveway reduced from 33’-0” (55%) to 28’-0” wide (47%) of the lot’s width; also, the modified request reduces front lot coverage from 77% to 50% of front lot coverage. To provide this reduction, the applicant is removing a 5’ x 36.1’ strip of concrete along the right side (north) of the existing driveway.
The applicant is now asking:
• ZV(R) 2023-0081 is to allow 50% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot.
• ZV(R) 2023-0082 is to allow 47% width of lot instead of the allowed 40% width of lot for an existing driveway in a typical lot.
• ZV(R) 2023-0083 is to allow a foot, six inches (1’ - 6”) side setback along a segment of the northern property line instead of the required five feet (5’) setback for an existing 12’ x 9’ shed in a typical lot.
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The property is not located within a homeowner’s association.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0081 is to allow 77% 50% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot.
ZV(R) 2023-0082 is to allow 55% 47% width of lot instead of the allowed 40% of width of lot for an existing driveway in a typical lot.
ZV(R) 2023-0083: is to allow a foot, six inches (1’-6”) side setback (eastern property line) instead of the required five feet (5’) setback for an existing 12’x9’ shed in a typical lot.
Code References:
ZV(R)2023-0081 & 0082)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 35% front lot coverage
Type, Driveway, Typical Lot, Maximum Dimensions, 40 % width of lot
ZV(R)2023-0083)
Type, Shed, Setback, Side, 5 feet
The Board of Adjustment shall not grant any single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.