To: Zoning Board of Adjustment
From: Payne Randell, CBO
PUBLIC HEARING: Consider an application requesting a variance to Section 8.03 (C) of the Unified Development Code (UDC). The Applicant is requesting a variance to the location of a 320 square-foot accessory building, to be able to encroach 10.5’ within the 14.5’ side-yard setback. The property is on approximately 0.83-acre, situated on Summer Lane, legally described as Lot 21, Block 2 of Summer Ridge Estates Addition, zoned Single-Family 36,000 square-foot minimum lots (SF-36) and addressed 1940 Summer Lane. Lijun Jing, Applicant/Owner. (ZBA-22-0002)
Request:
The applicant is the homeowner (Mr. Lijun Jing) of 1940 Summer Lane and is requesting a variance to the location of a 320 square-foot accessory building, to be able to encroach 10.5’ within the 14.5’ side-yard setback.
Background:
On December 20, 2021, Code Compliance was notified by the Fire Inspector regarding the size and location of the structure erected near the side-yard fence.
On December 22, 2021, a notice of violation was left on the property via door hanger for constructing an accessory building without a proper permit.
On January 4, 2022, the Homeowner spoke to Building Services regarding the permit requirements for accessory structures. However, the Homeowner did not submit a permit for the accessory structure. The same day, Code Enforcement sent a follow-up email to the Homeowner regarding the permit requirement.
On January 24, 2022, Code Compliance sent a second warning letter regarding the unpermitted accessory building.
On March 7, 2022, Code Compliance spoke to the Homeowner’s son regarding the accessory building. The son explained they will make the structure under 120 square-feet and move a minimum of five foot off the property line so the building structure will be compliant. However, the son asked questions regarding the variance process.
On March 11, 2022, the son sent a follow-up email to Code Compliance stating he was speaking to the Planning Department regarding the variance process.
On March 24, 2022, Code Enforcement sent a final notice regarding the accessory building.
On April 1,2022, a ZBA application for a variance to the location of the accessory structure was submitted and processed.
Building Location:
Per UDC Section 8.03 (C)(4)(b)(2), the required side-yard setback is ten percent (10%) of the lot width but not more than fifteen feet (15').
The property is 145’ in width making the 14.5’ setback requirement and the accessory building encroached the side-yard setback by 10.5’.
The proposed Accessory building (as built) is located 4’ from the property line.
Staff Recommendation:
Staff recommends relocating the accessory building to comply with the setback requirements.
Citizen Input:
On April 22, 2022, the City mailed out 15 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
Zoning Board of Adjustment shall use the following criteria:
a. In order to grant a variance from these zoning regulations, the Board of Adjustment must make written findings that the variance relieves undue hardship, using the following criteria:
1) That literal Compliance 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
That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
b. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this Code to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.
c. The applicant bears the burden of proof in establishing the facts justifying a variance.
Authority of the Board:
Each case before the Zoning Board of Adjustment must be heard by at least seventy-five percent (75%) of the members (4 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