06/07/2022 Minutes - Laserfiche WebLink

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No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by David Hamilton, seconded by Chris Fitzgerald to approve the 5' variance to Section 9-501(1) of the Area Regulations to allow a 20' front yard versus the required 25' front yard setback based on the following staff recommended findings. Motion carried 5-0. STAFF RECOMMENDED FINDINGS 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the new construction of residences which is not applicable with regard to a non -conforming use. Triplexes are permitted by right in the MF -1 District. 3. There are special or unique conditions of restricted area for the lots as a result of the prior plat approval of the land in the subdivision. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the original plat approval making it nearly impossible to meet the front yard setback. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship. The substandard parcels were created as a part of the original plat approval by the City and initial subdivision developer. 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same MF -1 Zoning District without approval and not being required to fully comply with the front yard setback ordinance provisions. 4. Continue public hearing to consider and take action on the petition of Alex Kozel, regarding a 5' front yard setback variance to the City of Paris Area Regulations, Section 9-501(1) on Lot 8, Block B, of the Hilltop Subdivision, Parcel 404918. Ms. Alsobrook continues the public hearing. No one spoke in favor or opposition of the request. Public hearing was declared closed.