HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCES
1701 NW 15th Street
FILE NO: 07-00202v.
REQUEST FOR VARIANCE, as per Article 9, Zoning Districts, Section 907.3, Sub -
Section 907.3.2 Rule concerning height of buildings abutting residential district , to relax
the additional height setback shall set back one (1) foot in horizontal dimension for every
two (2) additional feet in the vertical dimension starting at an elevation of forty (40) feet
above the flood level.
Required - 40' feet with 63.43 degree angle. (See South Elevation)
Proposed - I07'-6"
Request to waive - 67 -6"
REQUEST FOR A VARIANCE, as per ARTICLE 19. Section 1901, ARTICLE 4, Sec-
tion 401, Relaxation of building footprint; to allow an increase from 40% to 40.6% of the
maximum allowed footprint:
Required - 8,757 square feet (40%)
Proposed - 8,889 square feet (40.6)
Request to waive - 132 square feet (0.6%)
The following findings have been made:
• It is found that the proposed project is on one parcel with a zoning designation of C-1,
"Restricted Commercial" having 13,623 sq. ft, while a standard lot is 5,000 sq. ft.
• It is found that on July 22, 2004 by Ordinance 12578, a clarification to the language
of Ordinance 11000 was done in order to avoid misinterpretations regarding the angle
in the vertical dimension of buildings abutting residential districts.
• It is found that there is no hardship to justify the requested Variances.
• It is found that by developing the lots in the manner reflected on the plans submitted,
the applicant will derive undue benefits under the Zoning Ordinance.
• It is found that the grant of the variance will not be harmony with the general intent
and purpose of the Zoning Ordinance 11,000.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
Yes No NIA.
Z
n F
F
7
Analysis for VARIANCE
File ID: 07-00202v
a) 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 zoning district.
b) The special conditions and circumstances do not result from the actions
of the petitioner.
c) Literal interpretation of the provisions of this Zoning Ordinance No.
11000 deprives the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this Zoning
Ordinance No. 11000 and works unnecessary and undue hardship on the
petitioner.
d) Granting the variance requested conveys the same treatment to the
individual owner as to the owner of other lands, buildings, or structures in
the same zoning district.
r e) The variance, if granted, is the minimum variance that makes possible
the reasonable use of the land, building, or structure.
f) The grant of the variance is in harmony with the general intent and
purpose of Zoning Ordinance No. 11000, and is not injurious to the
neighborhood, or otherwise detrimental to the public welfare by
demonstration of compliance with the following additional criteria related
to impact, character and design:
1) The variance, if granted, would result in a project that is
consistent with the applicable criteria as set forth in Sections
1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such
design relates to the particular location for which the variance is
being sought.