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Zoning Resolution 24-Z-206
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Zoning Resolution 24-Z-206
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Last modified
3/20/2024 10:23:49 AM
Creation date
2/14/2024 4:11:37 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
24-Z-206
Date (mm/dd/yyyy)
01/18/2024
Description
Denying a variance increasing the max gazebo size of Sect. 265-45 and denying setback; approving variance decreasing min landscape green area.
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January 18, 2024 <br />PZ2023-17 <br />■ Sec. 265-45.F. Accessory uses - Gazebos. <br />(1) No gazebos shall be permitted within the required front yard area, or within <br />utility, drainage or access easements. <br />Comments: Gazebo is located within the backyard and not within an <br />easement. Complies. <br />(2) Gazebos must be set back at least six feet from the side and rear lot lines: <br />Comments: Does not comply, the existing gazebo is setback zero feet from <br />the side and rear lot lines. Variance requested. <br />(3) No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 <br />square feet of lot area: <br />Comments: Does not comply, the existing gazebo is 278 sq. ft., whereas <br />the maximum allowed for the subject site size is 150 sq. ft. Variance <br />requested. <br />(4) No gazebo shall have a height larger than 35 feet. <br />Comments: Gazebo height is not larger than 35'. Complies. <br />■ Sec. 265-31.D. (5) Single -Family Residential (R-1) site development standards. - <br />Landscaping and green area. <br />(1) Lot coverage. The combined. lot area covered by all principal and accessory <br />buildings shall not exceed 42%. Landscaping and green area must account for <br />at least 25% of the total lot area. <br />Comments: Does not comply, the existing landscaping and green area is <br />14.16% of the total lot area (1,061.64 sq. ft.), whereas 25.00% (1,875.00 sq. <br />ft.) is required. This is a delta of 814 sq. ft. Variance requested. <br />2. The following are the standards of review for variance applications from code Sec. 265- <br />15.G.: <br />A variance shall be granted only where competent and substantial evidence <br />presented in the particular case shows that all of the following are met: <br />(1) Special conditions and circumstances exist which are peculiar to the land, <br />structure, or building involved and which are not applicable to other lands, <br />structures or buildings in the same zoning district, <br />Page 4 of 8 <br />13 <br />
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