Title
Public Hearing - File No. PVAI2025-0006
Location: 31 Childress Ave., located west of Rochester Rd. and north of Avon Rd., Parcel 15-15-428-028, zoned R-4 One Family Residential District
The applicant is requesting a variance from Sec. 138-5.100 Schedule of Regulations, which notes that the required front setback for a principal structure in the R-4 One Family Residential Zoning District is 25 feet. The proposed variance, if granted, would allow for the house to be constructed at a front setback of 20.43 ft., as shown on the submitted site plan.
Body
Resolved, in the matter of File No. PVAI2025-0006, that the request for a variance from Section 138-5.100 Schedule of Regulations which requires the new home to meet a 25 ft. front setback in the R-4 One Family Residential zoning district, Parcel Identification Number 15-15-428-028, be DENIED because a practical difficulty does not exist on the property as demonstrated in the record of proceedings and based on the following findings:
1. Compliance with the strict letter of the regulations of the Zoning Ordinance will not prevent the owner from constructing a single-family residence on the property that would meet all city regulations. The applicant is proposing a residence of over 2,800 square feet and the portion of the proposed residence that encroaches into the required front yard setback is an entry space on the first floor and a part of a bedroom on the second floor. The floor plans could be adjusted to modify the layout to allow the footprint of the residence to comply with setback requirements.
2. Granting the variance will not do substantial justice to nearby property owners as it would confer special benefits to the applicant that are not enjoyed by other property owners in the vicinity.
3. There are no unique circumstances of the property that have been identified by the applicant that necessitate granting the variance. There are a variety of lot sizes and configurations on both Childress and Cloverport that includes lots to the west that are of less width than required by ordinance and lots to the south, that are slightly deeper than the subject lot, but less than Ordinance would normally require and have houses constructed on them that meet zoning requirements. Further, the City has established required setbacks for principle residential structures to ensure that there is adequate separation between the front of residences and the abutting roadway and to ensure adequate livable spaces to ensure privacy, open space, and to maintain consistent character of existing residential neighborhoods.
4. The granting of the variance would be materially detrimental to the public welfare by establishing a precedent that could be cited to support similarly unwarranted variances in the future. The granting of this variance could encourage further incursions upon the Zoning Ordinance which would result in further variances being considered by the Zoning Board of Appeals and could be construed as removing the responsibility of meeting the requirements of the Zoning Ordinance from applicants.