Title
ZV2024-0008, Towngate, Walkways generally located within the Cedar Way community south of Sheridan Street and east of Dykes Road, variance request. (Cole) (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Jaime Cole, agent for Towngate Master Association, is requesting a variance from the Towngate Planned Unit Development Guidelines for the Cedar Way subdivision to allow a 4 foot sidewalk on one side of the roadway for a 40’ private roadway instead of the required 4 foot sidewalk on both sides of the roadway for a 40’ private roadway. Cedar Way is generally located south of Sheridan Street and east of Dykes Road.
The variance is being sought to remove the existing sidewalk along the north side of the Cedar Way community, specifically along NW 24th Street, due to ongoing maintenance challenges. Towngate Master Association is the owner of the subject property and is responsible for the maintenance. Approval of this variance would permit the sidewalk to remain only on the south side of the roadway. There are no current plans to remove other segments of sidewalks at this time however, approval of this variance request could allow for additional sidewalk segments within the Cedar Way subdivision to be removed at a later date, so long as a sidewalk remains on the opposite side of the road.
Towngate Master Association has been cited by Code Compliance (code case 230502002) for failure to maintain the sidewalk. Should this variance be granted, the property owner will need to remove the sidewalk to come into compliance.
In 1998, the Cedar Way community, a subdivision of Towngate was approved through site plan SP97-82.
VARIANCE REQUEST DETAILS:
The applicant is requesting a variance to allow a 4 foot sidewalk on one side of the roadway for a 40’ private roadway instead of the required 4 foot sidewalk on both sides of the roadway for a 40’ private roadway.
The applicant has provided the attached justification statement to support their request. Roadway design standards for the Cedar Way subdivision is regulated by the Towngate Planned Unit Development Guidelines. For reference, staff has attached the roadway design standards.
Should this variance be approved, the applicant must obtain applicable City approvals and/or permits prior to removing the sidewalk.
VARIANCE DETERMINATION:
The Planning & Zoning Board shall not grant any non-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 non-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.