To: Zoning Board of Adjustment
From: Payne Randel, CBO
Title
PUBLIC HEARING: Consider an application requesting a variance to Section 8.03 (4)(b)(3) of the Unified Development Code (UDC), relating to the rear setback for an accessory building, to allow a 12’ rear setback in lieu of the required 15’ rear setback, on approximately 0.55-acres, legally described as Lot 11 of Oak Dale Addition, zoned Single-Family 36,000 square-foot minimum lots (SF-36) and addressed as 1313 Shady Lane South. Ashley Boone Snow, Applicant/Owner. (ZBA-22-0003)
Body
Request:
The applicant requests a variance to the rear setback for an accessory building, to encroach the 15-foot rear build line by three feet.
Background:
On March 28, 2022, Code Compliance received a complaint regarding a building being constructed without a permit.
On March 29, 2022, Code Compliance left a 10-day courtesy notice for the structure built without a permit. The applicant emailed Community Development regarding the option to appear before the Zoning Board of Adjustment (ZBA).
On April 5, 2022, Code Compliance and Building Services met with the applicant to inspect the structure for zoning requirements and determined the structure was built within the rear setback.
On May 10, 2022, Code Compliance spoke with the applicant, who stated she intended to pursue a variance for the setback.
On June 30, 2022, the Applicant submitted a ZBA application.
Building Location:
Per Unified Development Code (UDC) Section 8.03 (c) (4)(b)(3), the required rear-yard setback is fifteen feet (15').
The proposed accessory building (as built) is encroaching the rear setback by three feet.
Staff Recommendation:
Staff recommends relocating the accessory building to comply with the setback requirements.
Citizen Input:
On July 20, 2022, the City mailed out 19 Letters of Notification to the property owners within 200’ of the subject property for this Public Hearing.
As of today, Staff has not received any responses from the public.
Summary:
Section 8.02 (C)(6) of the UDC states that when considering a variance request, the following 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) Approve as submitted
2) Approve with modified or additional condition(s)
3) Deny
Supporting Documents:
• Maps
• Staff Attachment - Application and information
• Staff Attachment - Staff Photos