BZ Packet 08.22.2019 - Laserfiche WebLink

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Agenda Number D.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Board of Zoning and Adjustments FROM: Rachel Juba, Community Development Director SUBJECT: Rosemary Apartments — MWF Properties. Variance from Building Height Requirements. DATE: August 16, 2019, for the Board meeting of August 22, 2019 COMPREHENSIVE PLAN: Medium Density Residential (MD) ZONING: Medium Density Multiple Family Residential (R-5) REVIEW DEADLINE: 60 -day Review Waived DESCRIPTION OF REQUEST: The applicant is requesting approval of a variance to allow the apartment building to be 45 feet and 7 inches tall at the highest point of the building (roof ridge), where 35 feet is required by ordinance. The building is a three-story apartment with underground parking. 2. BACKGROUND: On April 15, 2019, the City Council approved a site plan and conditional use permit for Rosemary Apartments. It is a three-story building with 45 units. The property is located on Rosemary Way and west of Everton Avenue in the Frenchman Place development. At the time of site plan approval the building elevation proposed was over 35 feet in height. The developer stated that the building height is a result of comments from staff on the architecture, but they will work on reducing the height. Staff agreed that the building height was a result of staff comments. The developer further stated if they can't meet the building height requirements, they would apply for a variance. The site plan and building architecture is generally the same as what was reviewed during the site plan approval process. Building Code versus Zoning Code During the review of this variance request staff discovered there is a discrepancy between the building code and zoning code. The building code defines building height as the height of the building from average grade to the mid -point of the highest peak. In this case the building height