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HomeMy WebLinkAbout601-BA DATE: November 5, 2009 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a variance to the minimum rear yard building setback from 15' to 4.4' FILE: 601-BA STAFF REPORT John Holm, representing Fittz & Shipman, Inc., has applied for a variance to the minimum rear yard building setback from 15' to 4.4'. The property is located at 1405 Cornerstone Court. Fittz & Shipman would like to construct a garage at the rear of the property, adjacent to an existing concrete parking area. Mr. Holm states that the purpose of the garage is to provide protection for survey vehicle vans and the expensive equipment inside those vans. The proposed garage would back up to the DD#6 detention ponds. Fittz & Shipman states that while the property backs up to RS zoned property, the use of that property is for storm water detention. No residences will ever be built on the property. DD#6 has submitted a letter stating that they have no objection to the variance request. Fittz & Shipman also states that literal enforcement of the ordinance would create a hardship by preventing the future expansion of the office building and growth of the firm as was part of the original design. Fittz & Shipman has submitted an alternate site plan showing the proposed garage south of the preferred location. According to the firm, the alternate location would hinder the expansion of its office building in the future. 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 12 . Responses in Favor . Responses in Opposition . GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John Holm for Fittz & Shipman, Inc. PROPERTY OWNER: Fittz & Shipman, Inc. LOCATION: 1405 Cornerstone Ct. EXISTING ZONING: GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 1.07 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Commercial GC-MD SOUTH: Vacant GC-MD WEST: DD#6 Detention Pond RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Stable Area STREETS: Cornerstone Court - Local street with a 50' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line