Title
[ZV(R)2025-0042 & 0043
Shamar & Jennifer Marston
2321 NW 186 Avenue (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jennifer Marston, owner, submitted two residential zoning variance requests to legalize an existing driveway for the property located at 2321 NW 186 Avenue. The property is part of the Keytstone Lake Planned Unit Development (PUD) and follows the guidelines for single-family conventional lots (SF-1). The PUD does not address front lot coverage, driveway width; therefore, the provisions of the City’s Land Development Code (LDC) apply.
On January 25, 2023, the City’s Code Compliance Division cited the property for work done without building permits (Case No. 230100407)
In September 19, 2024, the owner filed Permit Application No. RX24-11066 for the driveway at the property. The permit application was reviewed, approved as of September 19, 2024; however, no inspections have been scheduled (See approved layout)
As result of the existing work on the property, the petitioner is presenting a modification plan for the following requests:
• ZV(R)2025-0042: to allow 46% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing driveway in a single-family residential, typical lot.
• ZV(R)2025-0043: to allow 46% width of lot instead of the allowed 40% width of lot for an existing driveway in a single-family residential, typical lot.
Per the survey document for the property (1/28/2023) it was detected paving built up to both side of property lines. The modification plan submitted by the applicant for the requests corrects the existing paving along the sides to be 36” wide setback 2’ inside property lines as prescribed in the City’s LDC. (See survey, Modification Plan)
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 subject property in Keystone Lake Neighborhood, the owner provided HOA Letter, dated May 23, 2023.
VARIANCE REQUEST DETAILS:
ZV(R)2025-0042) is to allow 46% front lot coverage (total) instead of the allowed 40% front lot coverage (total) for an existing driveway in a single-family residential, typical lot.
ZV(R)2024-0043) is to allow 46% width of lot instead of the allowed 40% width of lot for an existing driveway in a single-family residential, typical lot.
Code References:
ZV(R)2025-0042-0043)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 40% front lot coverage
Type, Driveway, Typical Lot, Maximum Dimensions, 40 % width of lot
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.