Title
ZV(R)2025-0029 & 0030
Jessica Stolze, 730 NW 195 Avenue (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION/BACKGROUND:
Jessica Stolze, owner, submitted a residential zoning variance request for the single-family residence located at 730 SW 195 Avenue in the Chapel Trail Neighborhood, which is zoned Planned Unit Development (PUD). The property follows PUD guidelines for single-family conventional, lots larger than 10,000 SF (SF-1) The PUD does not address open sided, roofed structures, freestanding; as result, the provisions of the City’s Land Development Code (LDC) apply.
On April 4, 2025, the owner submitted a plan for Building Permit Application No. RX25-03730 to install an (27’ - 2” x 18’) aluminum roof “outdoor terrace” on existing patio; however, the permit cannot be approved as the proposed work exceeds the limitations of the City’s Land Development Code (LDC). Per the plan, the owner is requesting:
• ZV(R)2025-0029: to allow four hundred, eighty-nine Square-Foot (489 SF) instead of the required 200 Square-Foot for a proposed Open Sided Structure, Freestanding Structure in a residential single-family, typical lot.
Per the documents provided by ownership for the property, it was detected an existing (12’ x 17’) shed located on the west side of the property. The owner would like to include:
• ZV(R)2025-0030: to allow two hundred, four Square-Foot (204 SF) instead of the required 100 (SF) for an existing shed in a residential single-family, 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 subject property is in Chapel Trail Neighborhood. The owner provided a copy of the Homeowners Association (HOA) Letter, dated April 1, 2025.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0029) is to allow four hundred, eighty-nine Square-Foot (489 SF) instead of the required 200 Square-Foot for a proposed (27’ - 2” x 18’) Open Sided Structure, Freestanding Structure in a residential single-family, typical lot.
ZV(R)2025-0030) is to allow two hundred, four Square-Foot (204 SF) instead of the required 100 (SF) for an existing shed in a residential single-family, typical lot.
Code References:
ZV(R)2025-0029)
Table 155.620 Accessory Building and Structures
Type, Open Side Structure (Free Standing), Maximum Dimensions, 200 SF
ZV(R)2025-0030)
Table 155.620 Accessory Building and Structures
Type, Shed, Maximum Dimensions, [1] 100 square feet
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.