Item 6C PresentationAmendment to the Zoning Ordinance No. 480
Providing Flexibility for Residential Accessory Building Setbacks
Item 6C - Ordinance No. 480-YYYY
Summary of Proposal
1) Allow setback reductions for accessory building setbacks
in residential districts by Special Exception Use
(currently requires approval of a variance);
Ordinance No. 480, Section 44.12
6. Reduction in the required setback from property lines for a residential
accessory building or structure. Permitted in AG, MF-1, SF-1A, SF-1B, SF-
2, RE-5, RE-7, SF-30, SF-20A, SF-20B, MH, R-PUD, TZD, ECZ, ; PLOT PLAN,
ELEVATIONS, AND RENDERINGS REQUIRED
Revisions to Special Exception Uses
Findings for a Special Exception Use
1) No special exception shall be granted unless the Board finds that the
requested exception is specifically permitted by the zoning ordinance;
2) That the location of the proposed activities and improvements is clearly
defined on the concept plan or plot plan, and
3) That the special exception is wholly compatible with the use and
permitted development of adjacent properties.
Actions
Planning and Zoning Commission:
January 3, 2019; Approved as presented (7-0).
City Council:
January 15, 2019; Approved 1st reading (7-0) on consent,
approving only Ordinance No. 480, Section 44.12.6, as
presented, tabling all other provisions to a later date to be
determined after a work session discussion.
Questions?
Findings for a Variance
The Board may grant a variance from the literal enforcement of the zoning ordinance:
a)Where the spirit of the ordinance is observed and substantial justice is done;
b)Where the Board finds that granting the variance will not be contrary to the public interest, and;
c)Where, due to special conditions, a literal enforcement of the provisions of this ordinance would result in “unnecessary hardship.”
Findings for a Variance
A hardship is considered “unnecessary” where the applicant demonstrates:
1.That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;
2.That the literal interpretation of the provisions this ordinance deprives the applicant of rights commonly enjoyed by other properties in the same district;
3.That the special conditions and circumstances that exist are not the result of the actions of the applicant;
4.That the granting of this variance does not confer on the applicant any special privilege that is denied by the zoning ordinance to other lands, structures or buildings in the same district;
5.That the reasons stated in the application justify granting the variance and that the variance will be the minimum necessary to make possible the reasonable use of the land, building or structure, and
6.That the granting of the variance will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.