Title
ZV(R) 2021- 31, Robert Reilly, 11000 NW 22 Street
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Due to an advertising error, this item was deferred from the November 4, 2021 Board of Adjustment meeting to this meeting.
Robert Reilly, owner, has submitted variance request ZV(R) 2021-32 to allow a three (3) foot side yard setback for an existing concrete slab on the west side of house instead of the required five (5) foot setback.
There is no Homeowner’s Association associated with this property.
The existing concrete slab, built without a permit, is currently under Code Compliance Correction No. - #21090019, originally cited on 7/30/2020.
VARIANCE REQUEST DETAILS:
ZV(R) 2021-31 to allow a three (3) foot side yard setback for an existing concrete slab on the west side of house instead of the required five (5) foot setback.
Code Reference: Table 155.620 Accessory Building and Structures.
Deck or Patio:
5’ Side Yard Setback
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.