CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving variances to Section 6-6C-7:1 (Yard Requirements) for the property located at 715 Center Street - PZC 23-1-026
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Adam Beaver, AICP Candidate, Community Planner
ENTITLEMENTS REQUESTED:
A variance from Section 6-6C-7:1 (R2/Yard Requirements) to utilize the pre-1989 interior side yard setbacks of six feet on each side.
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) considered PZC 23-1-026 on May 3, 2023 and recommended approval of the request (approved 6-0). Staff concurs.
BACKGROUND:
The subject property is zoned R2 (Single-Family and Low Density Multiple-Family Residence District) and is located on Center Street between 7th and 8th Avenues. The approximately 7,500 square foot lot is currently unimproved. The owner and petitioner, Jay Nebor, requests approval of a variance to construct a single-family home utilizing the pre-1989 interior side setbacks.
DISCUSSION:
The property was consolidated with the lot to the north in 2016 through the Our Yard Resubdivision and was subsequently re-subdivided to the original lot dimensions in 2021 through the This Is Not My Yard Subdivision. The consolidation and re-subdivision resulted in this lot needing to adhere to the post-1989 interior side yard setback requirements of six feet minimum on each side with a combined total of 16 feet between each interior side yard.
Prior to submitting a building permit application for the single-family home, the petitioner was advised by a former City staff member that the interior side setbacks for the property were six feet on each side (pre-1989 setbacks) and the petitioner then had the home designed based off of that advice. When the petitioner submitted the building permit, current staff noted that due to the re-subdivision the post-1989 interior side setbacks were required, and a variance would therefore be...
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