To: Zoning Board of Adjustment
From: Katasha Smithers, Planner I
Subject:
Title
PUBLIC HEARING: Consider an application requesting a variance to Section 8.11 (I)(2)(a)(3) of the Unified Development Code (UDC). The Applicant is requesting a variance to place the drive-gate 17-feet from the back of pavement on Knox Road in lieu of the required 50-feet. The property is located on 1.5-acres, situated at the southwest corner next to the intersection of Knox Road and Ottinger Road, being Lot 1, Block A, Bowden Addition, zoned Single-Family 36,000 square-foot lots (SF-36), and addressed as 1870 Ottinger Road (Account #06935958). Bob Bowden, Owner/Applicant. (ZBA-20-0003)
Background:
The existing gate is located at the property line on Knox Road and has been existing for over two decades.
In December 2019, City Council approved the updates to the fence requirements including shifting variance requests to ZBA.
Today, the Applicant is requesting to replace the existing gate. Because the Applicant is on two major thoroughfares (Knox Road and Ottinger Road) the setback of the new gate is required to be 50-feet per the Unified Development Code (UDC). The Applicant explained this is not feasible due to the proximity of the existing house. If the gate was located 50-feet back, it would be too close to the garage and would make it difficult to open/close the gate and would impede access in/out of the driveway.
Code:
Section 8.11 (I)(2)(a)(3) states “All drive gates directly adjacent to a thoroughfare as shown on the Thoroughfare Plan must be inset for a minimum of fifty feet (50’) from the edge of the curb or pavement.” This provision recognizes the need to pull trailers off the road and not block traffic.
The existing gate is currently located 17-feet from back of pavement on Knox Road. The Applicant proposes to replace the existing gate with a six-foot open-style gate at the same location as the pre-existing one. Because of the proximity of the home to the street the inability to meet the UDC requirement of 50-feet, the pre-existing gate and fence, and the relatively small amount of traffic on Knox Road, Staff has no objections to the request.
Citizen Input:
On May 22, 2020, the City mailed out eleven (11) Letters of Notification for this Public Hearing. Staff has not received any emails, phone calls, or written letters regarding this item.
Summary:
Section 8.02 (C)(6) of the UDC states that when considering a variance request, the Zoning Board of Adjustment shall use the following criteria:
1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3) That the relief sought will not injure the permitted use of adjacent conforming property; and
4) That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
Authority of the Board:
Each case before the Board of Adjustment must be heard by at least seventy-five percent (75%) of the Board members-at least. The concurring vote of four (4) members of the Board is necessary to:
1) Reverse an order, requirement, decision, or determination of an administrative official.
2) Decide in favor of an applicant on a matter on which the Board is required to pass under this Code. (Not applicable here.)
3) Authorize a variation from the terms of this Code.
Supporting Documents:
- Maps
- Exhibit A
o Application
o Photos