HomeMy WebLinkAbout662-BA
DATE: March 7, 2013
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for variances to the minimum side yard
building setback from 20' to 9.9' for Building A and to 17.0' for
Building B
FILE: 662-BA
STAFF REPORT
Daniel Dotson, representing Fittz & Shipman, Inc., has applied for
variances to the minimum side yard building setback from 20' to 9.9'
for Building A and to 17.0' for Building B. The property is located
at 4550 N. Major Drive.
In June, 2012, building plans for Stoneleigh Apartments, Phase II
were approved by the City. The property is zoned GC-MD-2. The
surrounding property is zoned GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District to the north, east,
west and southwest and RM-H (Residential Multiple Family
Dwelling-Highest Density) District to the southeast. Where the
subject property abuts the RM-H, a 20' building setback is required.
Mr. Dotson states that due to the narrowness of the property, the
garages and one apartment building needed to be installed in the 20'
setback. He states that this is due to the building code requirements
for building separations, driveway widths and fire lane clearances.
As for the property to the southeast, while owned by a different
entity, the RM-H zoning would suggest that the property will be
developed with apartments as well. Under the RM-H zoning, the
required side yard setback would be 5' for a one story building and 7
2' for a two story building.
When Planning reviewed the building plans, it inadvertently approved
the setbacks as shown with the understanding that all the property
would, more than likely, be developed as multi-family residential.
The applicant shall have the burden of proof to demonstrate that all
three conditions necessary for approval have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 5 .
Responses in Favor . Responses in Opposition
.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Daniel Dotson for Fittz &
Shipman, Inc.
PROPERTY OWNER: Stoneleigh on Major Apts. Ltd.
LOCATION: 4550 N. Major Drive
EXISTING ZONING: GC-MD-2 (General
Commercial-Multiple Family
Dwelling-2) District
PROPERTY SIZE: 5.167 acres, more or less
EXISTING LAND USES: Apartments
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Apartments GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District
EAST: DD#6 Drainage Ditch GC-MD-2
SOUTH: Vacant RM-H (Residential Multiple Family
Dwelling-Highest
Density) District,
GC-MD-2
WEST: Apartments GC-MD-2
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: N. Major Drive - Major arterial
with 70' wide right-of-way and 4
lanes with left turn lane
DRAINAGE: Open ditch
WATER: 8" water line
SANITARY SEWER
SERVICE: 8" and 36" sanitary sewer lines
PROPERTY OWNERS
LA TEX INVESTORS LP
JEFFERSON COUNTY D D 6
STONELEIGH HOMSAR APTS LTD
STONELEIGH ON MAJOR APTS LTD
LAKE BEAU LP