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Florence BZA approves variances to allow subdivision at 1203 Soetkin Avenue after 3-2 vote

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Summary

The Florence Board of Zoning Appeals voted 3-2 to approve variances to lot size, width and setbacks so the owner can subdivide 1203 Soetkin Avenue and convert the existing commercial structure to residential use.

The Florence Board of Zoning Appeals voted 3-2 to approve variances from the Unified Development Ordinance that will allow the owner of 1203 Soetkin Avenue to subdivide a triangular parcel and add a second house.

City staff told the board the parcel, identified as tax map 90099-12-016 and owned by Daddy Bummies LLC with applicant Abdul Zafir, was originally about 11,072 square feet and had been used as a small commercial building; staff said the owner has applied to rezone the property to NC-6.1. Staff recommended variances because the lot shape and existing building prevent a conventional subdivision that meets the NC-6.1 minimums.

“The triangular shape of the lot, combined with this slightly deficient area, can create a condition where compliance with the UDO is disproportionately restrictive,” City staff said. Staff told the board that NC-6.1 requires a new lot minimum of 6,000 square feet and 60 feet of frontage; the applicant’s concept would produce one lot of about 5,027 square feet with roughly 48 feet of frontage and a second triangular lot that would meet area and width standards. Staff said the existing building is set about 15 feet from the front property line and recommended aligning new construction to that line so the home would “at least line up.”

Board member B. Poston moved to approve, saying the parcel’s “irregular configuration presents design constraints that prevent a conventional subdivision and development layout” and that granting the variance would allow productive residential reuse without harming public safety or neighborhood character. Mr. Nolan seconded. The motion carried by a 3-2 roll-call of the board.

Board discussion included questions about the absence of finalized site plans and whether the owner might later return seeking additional variances. One board member said, on the record, that without a concrete building plan the owner could later need to come back for further relief; staff and the applicant told the board that, if the variance were denied, the owner would still convert the property to a single-family residence.

The board’s approval grants variances for minimum lot area, lot width and front/rear setbacks for new construction on the subdivided parcels; the existing building is preexisting relative to current setback requirements. No written public opposition was reported in advance of the hearing.

The rezoning to NC-6.1 that staff referenced passed first reading with Florence City Council and was expected to return for a second reading on June 9, according to staff comments at the hearing.