To: Zoning Board of Adjustment
From: Justin Wilkins, BO
Title
PUBLIC HEARING: Consider an application requesting a variance to encroach the front yard setback by 15’ in lieu of the required 35’ front yard setback, on approximately 0.826-acres, legally described as Lot 1, block A of Engel Addition, zoned Single-Family 36,000 square-foot minimum lots (SF-36) and addressed as 1048 Mount Gilead Road. Greg Perry, Applicant/Owner. (ZBA-23-0003)
Body
Request:
The applicant requests a variance to encroach the front yard setback by 15’ in lieu of the required 35’ front yard setback for main dwelling.
Background:
On September 25, 2023, Applicant submitted a ZBA application.
Building Location:
The Applicant’s existing home has a carport on the north end of the home, which they hope to demolish and construct a new two-car garage attached to the home. Per the plat, the setback is 35’ from the north property line.
The proposed addition would encroach the setback by 15 feet.
Citizen Input:
On October 26, 2023, the City mailed out 16 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
Supporting Documents:
• Maps
• Staff Attachment - Application and information
• Staff Attachment - Staff Photos