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File #: VA-2319    Version: 1 Name:
Type: Planning Item Status: Failed
File created: 10/27/2023 In control: Planning and Zoning Board
On agenda: 11/8/2023 Final action: 11/8/2023
Title: VA-2319: Request for a variance from the land development code to allow an accessory structure without a principle structure; to allow an accessory structure to be located within four point eight feet of the rear setback in the R-3 zoning district; to allow an accessory structure to be located within nine point eight feet of the side yard setback in the R-3 zoning district; to allow an accessory structure to not match the fa?ade of the future principle structure for the property located at 115 E. Turgot Avenue.
Attachments: 1. Survey A, 2. Survey B, 3. Survey C, 4. Aerial Map
ITEM DESCRIPTION:
Title
VA-2319: Request for a variance from the land development code to allow an accessory structure without a principle structure; to allow an accessory structure to be located within four point eight feet of the rear setback in the R-3 zoning district; to allow an accessory structure to be located within nine point eight feet of the side yard setback in the R-3 zoning district; to allow an accessory structure to not match the fa?ade of the future principle structure for the property located at 115 E. Turgot Avenue.
Body
OWNER:
Jim and Jennifer Fox

LOCATION:
115 E Turgot Avenue

PARCEL ID:
743306010100

PROPOSED USE:
Detached garage, 24' wide x 54' length

CURRENT LAND USE:
Detached Garage

FLUM DESIGNATION:
Low Density Residential (LDR)

ZONING DISTRICT:
R-3

VOTING DISTRICT:
Council District 1, Councilwoman Charlotte Gillis

BACKGROUND:
The applicant first filed for a Lot Split on March 13th of 2023. The applicant is still seeking a lot split. The proposed lot split was denied by the Technical Review Committee because the proposed lot did not meet the minimum standards of the R-3 zoning district. Staff errored in judgment noting that the applicant could not apply for a variance. Any standard in the land development code can utilize a variance as a waiver. The applicant demolished the home, and staff subsequently began citing the issues that a lot split was not possible now because an accessory structure cannot exist without a principle structure. Staff has determined at this time, if the board grants the requested variances, a lot split would be able to be processed.


DESCRIPTION OF REQUEST BY APPLICANT:

To retain the pre-existing 24' x 54' garage and the fencing located on the original non-conforming property at 111 East Turgot Avenue to be used for residential purposes. Current setback regulations do not apply to properties developed with structures built prior to the incorporation of the City. These properties and the struct...

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