File #: 2024-0190    Version:
Type: Project Status: Failed
File created: 4/1/2024 In control: Zoning Board of Appeals
On agenda: Final action: 4/10/2024
Title: PUBLIC HEARING - File No. PVAI2024-0003 Location: 484 Streamview Ct., located north of Walton Blvd. and west of Livernois Rd., Parcel No. 15-09-403-003, zoned R-3 One Family Residential The applicant is requesting the following: 1. An appeal of the Building department’s determination that Sec. 138-5.100 Schedule of Regulations, which requires a 35 ft. rear yard setback in the R-3 district, is applicable to this lot. The applicant asserts that Sec. 138-5.101(O). Rear Yards Adjacent to Parks or Open Space and by reference Sec. 138-5.201 is applicable, which would allow the proposed covered rear porch to be constructed with a 30 ft. rear yard setback. 2. In addition to the appeal, the applicant has also made a separate request, for a 10 ft. variance from Sec. 138-5.100, the standard 35 ft. rear setback requirement within the R-3 District, which if granted would allow for the proposed covered rear porch to be constructed with a 25 ft. rear yard setback.
Attachments: 1. Staff Report 040424.pdf, 2. Applicant's letter.pdf, 3. Location map.pdf, 4. Plot plan.pdf, 5. Plans.pdf, 6. Patio roof rendering.pdf, 7. ZBA application.pdf, 8. Warranty deed.pdf, 9. Notice of Public Hearing (corrected).pdf

title

PUBLIC HEARING - File No. PVAI2024-0003

 

Location: 484 Streamview Ct., located north of Walton Blvd. and west of Livernois Rd., Parcel No. 15-09-403-003, zoned R-3 One Family Residential

 

The applicant is requesting the following:

 

1. An appeal of the Building department’s determination that Sec. 138-5.100 Schedule of Regulations, which requires a 35 ft. rear yard setback in the R-3 district, is applicable to this lot. The applicant asserts that Sec. 138-5.101(O). Rear Yards Adjacent to Parks or Open Space and by reference Sec. 138-5.201 is applicable, which would allow the proposed covered rear porch to be constructed with a 30 ft. rear yard setback.

 

2. In addition to the appeal, the applicant has also made a separate request, for a 10 ft. variance from Sec. 138-5.100, the standard 35 ft. rear setback requirement within the R-3 District, which if granted would allow for the proposed covered rear porch to be constructed with a 25 ft. rear yard setback.

 

Body

Resolved, in the matter of File No. PVAI2024-0003, that the Zoning Board of Appeals concurs with City Staff in the interpretation/decision of the required rear yard setback and that the limited area of twenty (20) feet that the subject property abuts open space, along a side lot line, does not meet the intent of the ordinance in regards to reducing the rear yard setback.