Agenda Item Title:
18VA005 - Variance to reduce the minimum required side yard setback from 8 feet to 5 feet for existing dwelling
Origination Group:
Planning Commission
Origination Meeting Date:
05/24/2018
Petitioner:
Felix Philip Young
Staff Contact:
Fletcher Lacock, Current Planner III
Location:
1502 Racine Street
Agenda Item Summary:
(Update: 5/17/18) This item was continued at the May 10, 2018 Zoning Board of Adjustment meeting to allow staff to review whether bank lending regulations have been changed to require confirmation that a legal non-conforming setback be allowed when a structure is rebuilt or damaged by 50% or more. During staff’s research, it was determined that the requirement to ensure that a structure can be rebuilt on a property was established about 17 years ago. In addition, the issue typically only arises for certain types of loans, such as Fannie Mae or HUD funding. After visiting with the mortgage lender, it was determined that a Zoning Letter of Compliance describing the size and topography of the property was sufficient to ensure the lender that a same size residential structure could be rebuilt on the property and meet all of the setback requirements. Subsequently, the applicant has withdrawn the Variance application. The applicant has submitted a Variance request to reduce the minimum required side yard setback for an existing dwelling from 8 feet to 5 feet. The property is developed with a single-family dwelling, a detached garage, and a shed. The applicant has indicated that the existing shed will be removed from the side yard setback on the south side of the property. The existing dwelling was constructed with a 5 foot side yard setback in compliance with the Zoning Ordinance at the time. As such, the existing dwelling is legal non-conforming and can continue until such time as the structure is removed or damaged beyond 50% of the value. New development on the property would be required to provide an 8 foot side yard setback for a one-story single-family dwelling or 12 feet for a two-story single-family dwelling
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Recommendations:
Origination Recommendation Notes:
Zoning Board of Adjustment Continued to the May 24, 2018 Zoning Board of Adjustment Meeting: 5/10/2018; Zoning Board of Adjustment acknowledged applicant's withdrawal of application: 5/24/2018