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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