Date: October 20, 2016
To: Members of the Zoning Board of Appeals
From: Scott Tempel, City Planner
Title
Resolution - 912 East 5th Street Variance
Body
Action Requested:
The Zoning Board of Appeals (ZBA) is asked to consider a variance request from standards requiring each proposed parcel in a subdivision to have frontage on a public street equal to the required minimum lot width of the zone district for a project involving 908, 910 and 912 East 5th Street.
Summary Report:
This project involves subdividing three existing homes on one lot into three separate lots. The homes were built between 1945 and 1950. Mr. Rippley has owned the property since the late 1970's. Each home has a current rental license and inspection record. There is no recent history of zoning violations or complaints against the property. A similar request to subdivide the property was considered by the Zoning Board of Appeals (ZBA) in 1983 and denied on the grounds that there was not a sufficient hardship to grant the requested variances.
The current variance request has been found to meet all variance criteria from the Land Development Code that must be considered prior to approval. The variance criteria are based on practical difficulties including unique circumstances associated with the odd shape of the current lot, the building placement, and that granting the variance will not change the character of the neighborhood. According to the current Land Development Code Table 2.7-1 Permitted Principal Uses; Single-Family, Two-Family, & Three-Family dwellings are allowed in the R1 zone as a use by right. The existing homes are therefore considered a conforming use.
Use Definitions in Section 2.8.3 Household Living Use Category define Two- and Three-Family dwelling units as units separated by a wall or ceiling and single-family as housing located on individual lots. Therefore three dwellings on a lot are permitted if they are attached. Single-family dwellings require individu...
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