Staff Decision (1240) - Laserfiche WebLink

Home Browse Search

6.Because this proposal expands a quantifiable Ordinance standard by more than 20%, this request is classified as a Major Adjustment. 7.The decision criteria for a major adjustment are found in Section 41.04. These criteria include: (a)The degree of adjustment from the standard is the minimum necessary to permit development of the property for the proposed use; and, (b)The adjustment will not have a significant adverse affect on property or improve- ments of the neighborhood of the subject property; and, (c)The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and, (d)The adjustment will maintain the intent and purpose of the provision being ad- justed. 8.The property was created as a residential lot to accommodate one dwelling unit. The applicant wishes to place a dwelling with attached garage on the property, however, the setbacks of the UD zone limit the developable area. A site plan submitted with the application demonstrates the requested adjustment is necessary to develop the property for its intended use. The proposal meets 7 (a). 9.The UD zone requires a 20 foot setback from any property line abutting a street or roadway. This proposal is to allow placement of a dwelling within 12 feet of the front property line along Hayesville Drive and 14 feet along Reimann Street instead of the required 20 feet. Access to the property will be from Reimann Street and the proposed garage will set back 20 feet from street right-of-way. The RS (SINGLE FAMILY RESIDENTIAL) zone allows a 12 foot front yard setback for a single family dwelling. Reducing the setback along both Reiman Street and Hayesville Drive to 14 and 12 feet respectfully should have no adverse affects on neighboring properties or the health and safety of persons residing in the area and is consistent with other developments within the RS zone. In addition, staff contacts with the Marion County Department of Public Works indicate that there would not be a problem with vision clearance along the Hayesville Drive frontage. The proposal satisfies the criteria in 7(b), (c), and (d). 10.The granting of this major adjustment maintains the intent of the Marion County Urban Zoning Ordinance and the Marion County Comprehensive Plan. Therefore, the proposed major adjustment to reduce the setback along both Reiman Street and Hayesville Drive is approved. Craig O. LuedemanDate: 5-30-00 Director-Planning Division Community Development Department If you have any questions contact Norman Bickell at 588-5038.