File #: 22-0585B    Version: 1
Type: Ordinance Status: Passed
File created: 5/25/2022 In control: City Council
On agenda: 6/7/2022 Final action: 6/7/2022
Title: Option A: Concur with the Planning and Zoning Commission and the petitioner and pass the ordinance approving a variance to Section 6-6A-7 for the property located at 410 E 8th Avenue - PZC 22-1-027; or Option B: Concur with staff and deny the variance - PZC 22-1-027
Attachments: 1. Ordinance - concur with PZC, 2. Exhibit A - Legal Description, 3. Exhibit B - Plat of Survey, 4. Exhibit C - Site Plan, 5. Exhibit D - Response to Standards, 6. Variance Petition, 7. Location Map, 8. Public Comment
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Option A: Concur with the Planning and Zoning Commission and the petitioner and pass the ordinance approving a variance to Section 6-6A-7 for the property located at 410 E 8th Avenue - PZC 22-1-027; or Option B: Concur with staff and deny the variance - PZC 22-1-027
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly, Community Planner

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered PZC 22-1-027 on May 18, 2022 and provided a positive recommendation on the request (approved 7,0). Staff does not concur with this recommendation for the reasons noted below.

BACKGROUND:
The subject property is located at the southeast corner of Loomis Street and 8th Avenue. It is zoned R1A and is approximately 14,224 square feet in size. The petitioner plans to construct a new, single-family home at the property with a driveway that will be accessed off Loomis Street. The petitioner is requesting approval of a variance from Section 6-6A-7 (R1A Yard Requirements) to reduce the required corner side yard setback from 30 feet to 15 feet.

DISCUSSION:
Single-family detached dwellings in the R1A zoning district have the following setback requirements which are applicable to the subject property:

Front yard setback
30'
Corner side yard setback
30'
Interior side yard setback
8'
Rear yard setback
25% of the lot depth, not to exceed 30'

The Zoning Regulations provide corner lot property owners with flexibility on the selection of the front yard and the corner yard. Per the Code, the property owner may determine which street side shall be considered the front yard and which street side shall be the corner yard. The applicant has indicated that the yard adjacent to the 8th Avenue is the corner yard, requiring this yard to have a 30 feet setback. The petitioner is requesting approval of a variance to decrease the required setback from 30 feet to 15 feet, as illustra...

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