Title
Conduct a public hearing and consider a variance request at 14310 Valley Hi Circle to construct a 3-car garage with doors facing the street where other garages do not; and take appropriate action.
Body
PUBLIC HEARING:
Kay Van Wey and Stephanie Sammons, owners of Lot 9 Block B of Brookhaven Hills Third Section, more commonly known as 14310 Valley Hi Circle, are requesting permission to construct a 3-car garage with garage doors facing the street where other garage doors do not. Article 3, Section 3.3, H.2.h requires that if 75% of the buildings that front any street in a residential block do not have garage doors that face the street in the front half of the lot, then the front facing garage doors must maintain a minimum setback of 10 feet or greater than that of the main structure and must be designed in a way not to dominate the front façade of the structure. Only residential units constructed on lots with less than 81 feet of street frontage, with existing street-oriented driveways, and located within the R-3, R-4, R-5 and R-6 zoning districts may be constructed with a garage orientation and design as noted previously. This lot meets the width requirement at the building line, however it is located in the R-2 zoning district. A variance to allow the street facing garage doors in an R-2 zoning district would be required for a permit to be issued.
EXPLANATION:
The property in question is on the east side of the cul-de-sac at Valley High Circle. The property is unique in shape resulting in difficulty fitting the desired home on the lot. The applicant would like to utilize the golf course view of the property without the infringement of the rear entry/rear facing garage. The lot meets the 81-foot lot width as measured at the building line, however, the property is located in the R-2 Zoning District which does not allow the lot to utilize Article 3, Section 3.3, H.2.h of the Comprehensive Zoning Ordinance. The lot also does not meet the requirement of 75% of the lots in the block to have front facing garages.
Just an informational note regarding variances: All variances are unique to the property and circumstances to which they were granted. While past cases can be discussed and referenced, the testimony at the public hearing, the facts provided in the application, staff report and the evidence of a property hardship should be the basis for all decisions made by the Board.
RECOMMENDATION:
Staff is not opposed to this request, as we feel there are special conditions that exist which are unique to this applicant and property.
ACTIONS:
1. Motion to grant a variance allowing the use of the Comprehensive Zoning Ordinance, Article 3, Section 3.3, H.2.h, In the R-2 Zoning District, (list conditions if applicable) because our determination from the facts and evidence presented at the public hearing indicated that literal enforcement of the Comprehensive Zoning Ordinance will be contrary to public interest and will result in an unnecessary hardship.
2. Any other action desired by the Board. (such as denial, continuing or tabling)
ATTACHMENTS:
Owner Letter of Approval
Survey
Site/Construction Plan
Plat
Aerial View Map
Location View Map
Surrounding Property Owner Map
Notice to Surrounding Property Owners