HomeMy WebLinkAboutDept Report 01-28-02
Department Report
Board of Zoning Appeals
January 28,2001
Page 2 of20
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IIh. Concord Village, Section 4, Lot 125 (V-112-01)
Petitioner seeks a Developmental Standards Variance of Section 8. 4. 3 (A) in order to
encroach 3' 6" into the 35-foot R-2/Residence Minimum Front Yard (yielding a 31' 6"
front setback). The site is located at 412 Lexington Boulevard. The site is zoned R-
2/Residence.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the R-2/Residence
District Ordinance (ZO Chapter 8), the appropriate Minimum Front Yard Setback
within Concord Village Subdivision is thirty-five (35) feet. However, Concord
Village Subdivision went through Primary Plat (Docket No. 10-67 PP) in 1967;
Section 4 went through Secondary Plat (Docket No. 10-67d SP) in 1971. At that
time the Minimum Front Yard Setback for the R-2/Residence District was defined
as twenty percent (20%) of the average depth of the lots in the block. Lot depths
in Section 4 of Concord Village ranged between 110 and 140 feet, and the Section
was platted with a thirty-foot (30') Building Setback Line - deeper than would
have been required at the time.
When the Zoning Ordinance was restructured in 1976, the R-2/Residence District
was given a uniform thirty-five-foot (35') Building Setback Line. The majority of
the residences in Concord Village conform to the previously required thirty-foot
Building Setback, and are currently regarded as Legal, Pre-existing,
Nonconforming Structures. The 31' 6" setback resulting from this addition
would, therefore, be consistent with development within the Concord Village
Subdivision.
It is, therefore, the Department's opinion that there will be no injury to the public
health, safety, morals and general welfare of the community through the granting
of this petition.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner because the
addition will be consistent with the setback of previously constructed residences
in the Subdivision.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
Page 2
Department Report
Board of Zoning Appeals
January 28, 2001
Page 3 of20
The strict application of the terms of the Zoning Ordinance would not result in
practical difficulties in the use of the property. The Lot is currently successfully
developed as the site of a single-family residence, the continued success of which
does not rely on the construction of a porch addition.
Concord Village Subdivision went through the Primary Platting process in 1967; Section
4 went through Secondary Plat in 1971. At that time the Minimum Front Yard Setback for the
R-2/Residence District was defined as twenty percent (20%) of the average depth of the lots in
the block. Lot depths in Section 4 of Concord Village ranged between 110 and 140 feet. and the
Section was platted with a thirty-foot (30') Building Setback Line - deeper than would have
been reQuired at the time.
When the Zoning Ordinance was restructured in 1976. the R-2/Residence District was
given a uniform thirty-five-foot (35') Building Setback Line. The majority of the residences in
Concord Village conform to the previously required thirty-foot Building Setback. and are
currently regarded as Legal. Pre-existing. Nonconforming Structures. The 31' 6" setback
resulting from this addition would. therefore. be consistent with development within the Concord
Village Subdivision.
The Department. therefore. recommends favorable consideration of this petition.
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