To: Zoning Board of Adjustment
From: Justin Wilkins, Building Official
Subject:
Title
PUBLIC HEARING: Consider an application requesting a variance to change the setback requirements in Section 8.11(4)b.2&3. which states, Minimum Side Yard - Ten percent (10%) of the lot width but no more than fifteen feet (15') required; fifteen feet (15') on corner lots adjacent to a street; twenty feet (20') adjacent to a thoroughfare. Minimum Rear Yard - Twenty feet (20') if adjacent to an alley; fifteen feet (15') if no alley exists. To allow a 7’ setback on both west and south property lines, on approximately 0.1371-acres, legally described as Lot 14, block 6 of Yates Addition-Keller, zoned Single-Family 8,400 square-foot minimum lots (SF-8.4) and addressed as 425 Vicki St. Bezzant, Kelly Applicant/Owner. (ZBA-2604-0002)
Request:
On April 27, 2026, Applicant submitted a ZBA application. requesting a variance to allow for 7’ setbacks on the west and south property lines, in lieu of the required 10% of lot width.
Background:
The subject property at 425 Vicki Street is zoned SF-8.4 and according to historic aerials the lot has been vacant since at least 2004. The Applicant wishes to build a two-story, 966 square-foot home on the property.
Citizen Input:
On May 14, 2026, the City mailed out 24 Letters of Notification to the property owners within 200’ of the subject property for this Public Hearing.
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. 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