2023.11.06 Packet - Laserfiche WebLink

Home

Smith Variance and Encroachment Agreement – 12033 Everton Avenue North Page 3 3 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is a 0.86-acre parcel in a zoning district that has a minimum lot size of 1 acre. The property is bordered to the east and west by 60-foot wide City rights-of-way that were created with the Shadyside No. 4 plat. The house is located roughly 32 feet from the rear property line at its closest point. To the southwest of the house, the property is split by the right-of-way of Everton Avenue North. There is steep sloping terrain from the location of the house toward the street. The applicant has stated that the proposed location is the best for an accessory building due the area being relatively flat, located behind the house, and reduces the amount of necessary tree removal for construction. The accessory building ordinance prohibits the placement of accessory buildings in front of the house. If the applicant constructed the building in a location further from the rear property line, they would need to perform substantial grading and additional tree removal due to the steep slope in other areas of the property. It is the staff opinion that the need for a variance is due to the topographical characteristics of the site and not due to circumstances created by the landowner. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory buildings up to 1,500 square feet are common in the R-1 zoning district. The zoning district’s building setbacks are designed for lots with a minimum size of 1 acre. The accessory building ordinance discourages the construction of accessory buildings in front of the principal building on site. The City-owned parcels adjacent to the location of the proposed accessory building are currently vacant. Staff is of the opinion that the proposed accessory building will not disrupt the essential character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the setback requirements for the R-1 zoning district due to the geographic constraints of the site. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance for a rear yard setback is to require a minimum amount of space between buildings and the property line. It is the staff’s opinion that there would be a reasonable amount of space between the proposed accessory building, existing shed, and the property line, although the building would encroach into the rear yard setback. The variance as requested meets the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are a permitted use in the R-1 zoning district.