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Board of Zoning Appeals approves rezoning correction request to align setback expectations
Summary
The Board of Zoning Appeals approved a request to modify a recent rezoning designation so the applicant can retain 5-foot side setbacks for an in-progress house; staff said the property had been incorrectly represented as C-3 during permitting.
The Board of Zoning Appeals approved a request to modify a recent rezoning designation so the applicant could retain five-foot side setbacks for a structure under construction.
The applicant (Tim Daniels) asked the board to change the zoning applied to a subdivided parcel behind 911 North Washington Street from C-3 to R-3. Staff explained the property was rezoned to C-3 in error during a previous action and the applicant had been informed he could use five-foot side setbacks; C-3 requires a 10-foot side setback. The applicant built under the assumption of a smaller setback and sought the modification to avoid making changes to the in-progress structure.
Staff and the board discussed adjacent land uses and confirmed the parcel already permitted single-family use under the prior rezone. The board held that the change was appropriate to allow the structure to remain as built and voted in favor of the modification; a motion and second were recorded and the motion carried on a voice vote.
Board members noted the parcel had already been rezoned and that the requested modification was intended to correct a misrepresentation and align the zoning district with the applicant's intended bulk standards for single-family construction.
