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File #: 2025-0340    Version: 1
Type: Project Status: Failed
File created: 7/30/2025 In control: Zoning Board of Appeals
On agenda: Final action: 8/13/2025
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.
Attachments: 1. Staff Report 080525.pdf, 2. Location map.pdf, 3. Application.pdf, 4. Site plan.pdf, 5. Elevations & floor plans 062525.pdf, 6. Building department denial letter 062525.pdf, 7. Reviewed site plan.pdf, 8. Public hearing notice.pdf
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 ...

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