To: Zoning Board of Adjustment
From: Justin Wilkins, Building Official
Subject:
Title
PUBLIC HEARING: Consider an application requesting a variance to Section 8.03 (C)(4)(b)(3) of the Unified Development Code (UDC), relating to the rear setback for an accessory building, to allow a 7’ rear setback in lieu of the required 15’ rear setback, on approximately 0.47-acres, legally described as Block 5 Lot 23 of Sunrise Estates Addition, zoned Single-Family 36,000 square-foot minimum lots (SF-36) and addressed as 1125 Dusk Drive. Dean Whaley, Applicant/Owner. (ZBA-23-0001)
Request:
The Applicant requests a variance to the rear setback for an accessory building to encroach the 15-foot rear build line by eight feet.
Background:
The Applicant reached out to staff about a legal nonconforming accessory structure that was being replaced with a new structure that would remain in the setback. On February 14, 2023, staff emailed the Applicant explaining the process to seek a variance to the rear setback requirement for the SF-20 zoning district in order to build an accessory structure.
On March 1, 2023, 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') in the SF-20 zoning district.
The Applicant is requesting to encroach the rear yard setback by 8 feet for a proposed accessory structure.
Citizen Input:
On March 22, 2023, the City mailed out 33 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 (or four members). 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