Title
ZBA#24-001: Request for a variance to Section 155.055(C)(12) and Section 155.099(B)(5)(k) of the Code of Ordinances to allow an accessory building in the required front yard and to allow a reduction in the minimum 75’ setback from the front property line for an accessory building at 1102 Palm Street; Tuan Dao, Owner
Description/History
The applicant proposes to build an approximately 400 square-foot detached carport in the front yard, approximately 5 feet from the front property line. According to Section 155.012 of the Code of Ordinance, the “Lot Line, Front” states on a corner lot is defined as the line on the side of the lot with the narrowest street frontage, regardless of which street the house faces.
The applicant is requesting two variances from the Code of Ordinance regulations to allow a detached carport located approximately 5 feet from the front property line:
• Section 155.055(C)(12) Every part of a required yard shall be open and unobstructed except for accessory buildings or use as permitted herein, and the ordinary projection of window sills, belt courses, fences, cornices, and roof eaves not exceeding 24 inches into the required yard. No accessory building or use shall be allowed in the required front or side yard except as provided in § 155.099 (B).
This property is zoned SF-7.5/12, requiring a 25-foot building setback from the front property line, creating the “required front yard” for the lot. The carport will encroach approximately 20 feet in the required front yard setback. The applicant is requesting a variance to allow a detached structure to be constructed within the front yard setback.
• Section 155.099(B)(5)(k) Accessory buildings or structures may be located in the side yard provided that they meet the minimum height/setback requirements described in division (B)(5)(j) of this section and that they are at least 75 feet from the front property line or behind the rear facade of the main residential building that is furthest from the street.
Section 155.099(B)(5)(k) requires detached buildings or structures must setback at least 75 feet from the front property line. The applicant is requesting a variance from the required 75-foot setback requirement. However, the applicant’s exhibit does not include measurements showing the distance from the proposed structure to the front property line.
The purpose of a variance is to alleviate hardship, not to grant benefits that are not enjoyed by neighboring properties. According to Section 155.113 of the Code of Ordinances, the Board may grant a variance if the following conditions are met:
a. That the granting of the variance will not be contrary to the public interest; and
b. That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and
c. That by granting the variance, the spirit of the Zoning Ordinance will be observed, and substantial justice will be done
Attachments
Maps and Supporting Information
Site Plan and Exhibits