Title
ZV(R) 2023-0001 & 0002, Patrick & Deborah Keller, 18791 NW 23 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Patrick & Deborah Keller, owners, have submitted two Zoning Variance requests to legalize existing walkways on the property. Per the provided survey, the existing location of the built items are to the east and west side yards of the home’s building.
• ZV(R) 2023-0001 is to allow zero feet (0’) side setback along the eastern property line instead of the required five feet (5’) for a built patio/walkway.
• ZV(R) 2023-0001 is to allow zero feet (0’) side setback along the western property line instead of the required five feet (5’) for a built patio/walkway.
On July 7, 2022, the city issued a building permit (RX22-03058) to replace existing concrete driveway and front walkway with pavers. The approved construction plan included: existing driveway and walkway replacement and, a new walkway leading to the west side of the home’s building (west side yard).
On September 7, 2022, during required building permit inspections, the engineering division detected the construction exceeded the work in the approved plans, as result, the inspection was failed. No further inspections have taken place since.
The applicant is aware that Board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The petitioners have included a letter of architectural approval from the Keystone Lake HOA.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0001: to allow zero feet (0’) side setback along the eastern property line instead of the required five feet (5’) for a built walkway/patio.
ZV(R)2023-0002: to allow zero feet (0’) side setback along the western property line instead of the required five feet (5’) for a built walkway/patio.
Code References:
Table 155.620 Accessory Buildings and Structures
ZV(R) 2023-0001)
Type, Walkway (Single Family Lots), Setback, Side, 2 feet
ZV(R) 2023-0002)
Type, Walkway (Single Family Lots), Additional Regulations, Lots with side yards 7 ½ feet or less, only one walkway is permitted.
VARIANCE DETERMINATION:
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.