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PUBLIC HEARING - File PVAI2026-007
Location: 3861 S. Adams Rd. and 3880 South Blvd. W., located east of Adams and north of South Blvd. W., Parcel 15-31-351-020, zoned R-4 One Family Residential with the FB Flex Business Overlay.
Request: The applicant is requesting a variance from Section 138-8.401 Setback Requirements which requires buildings to be constructed with a minimum front yard setback of 15 ft. and a maximum front yard setback of 70 ft. for at least 40% of the property frontage, when the property is developed according to the FB Flex Business Overlay provisions. The applicant is proposing to construct a multi-family residential development on approximately 12.98 acres of land with a setback of 245.92 feet from South Blvd. and 234.71 feet from Adams Road.
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Resolved, in the matter of File No. PVAI2026-0007, that the request for variances of approximately 175.92 feet from South Blvd and 164.71 feet from S. Adams Rd. from Sec. 138-8-401 Setback Requirements, which requires buildings to be constructed with a minimum front yard setback of 15 ft. and a maximum front yard setback of 70 ft. for at least 40% of the property frontage, when the property is developed according to the FB Flex Business Overlay provisions, 3861 S. Adams Rd. and 3880 South Blvd. W. and Parcel Identification Number 15-31-351-020, be APPROVED, because a practical difficulty does exist on the property as demonstrated in the record of proceedings and based on the following findings. With this variance, the property and the subject structures shall be considered by the City to be in conformity with the Zoning Ordinance for all future uses with respect to the setbacks for which this variance is granted.
1. Compliance with the strict letter of the Zoning Ordinance would prohibit the reasonable use of the property and without the variance would be unnecessarily burdensome on the applicant and not desirable by the City due to the presence of a significant historical structure which will be preserved as a result of the requested variance and the existing unique parcel configuration along South Blvd. W.
2. Granting the variance will preserve a substantial property right for the applicant and thus substantial justice shall be done.
3. A lesser variance will not provide substantial relief, would not be more consistent with justice to other property owners in the area, and would not provide the opportunity to maintain the historical character and context for the Lorna Stone House.
4. There are unique circumstances of the property that necessitate granting the variance as described in the above criterion, specifically that the property includes a significant historical structure identified by the City, the Lorna Stone House. This historical structure is located in the build-to area that would normally be required along S. Adams Rd., and the City’s Historic Consultant has indicated that no buildings should be constructed in the immediate area adjacent to the historic home. Further, that the property frontage along South Blvd. W. is only 100 feet in width, which would not allow for a building that would meet required side yard setbacks and also allow for an access drive to be located appropriately, and that property width extends north from South Blvd. W. approximately 195 feet, well beyond the required build-to setback requirement.
5. The granting of this variance would not be materially detrimental to the public welfare or existing or future neighboring uses since the subject property does not have an immediately abutting neighbors as the properties to the southwest and southeast of the subject site also include the FB Flex Business Overlay District and could be developed in a similar fashion and the property to the north is already developed as a place of worship.
6. Approval of the requested variance will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, or impair established property values in the surrounding area.