ACTION REQUESTED:
Title
Communication from the City Manager and Director of Community Development with a Request to Concur with the Planning & Zoning Commission and Staff to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code, Relating to VARIATIONS.
Body
BACKGROUND:
Staff continually monitors variance cases to ensure that regulations are effective with the appropriate outcomes. This has prompted a recent discussion with the ZBA on the current regulations and whether the three criteria are appropriate for all variance applications. Some variances are minor in nature with little to no impact but are denied due to the inability to meet all three criteria.
After review and discussion, the ZBA voted to approve and forward a recommendation to the Planning & Zoning Commission to revise the variation regulations to better address all situations which prompt an application for a variance. The types of variations has expanded from two to three with the requirement to meet criteria specific to each type.
The following table outlines the changes:
ADMINISTRATIVE DEVIATION
MINOR VARIANCE
MAJOR VARIANCE
Defined
Deviations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are less than twenty percent (20%) of the required standard. Specific standards for Form Districts, CN & CG.
Deviations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are 20% to 50% of the required standard.
Deviations from height, yard, bulk, lot area, and fence height provisions of this ordinance that are greater than 50% of the required standard.
Criteria
1. That granting the administrative deviation will not have an adverse impact on land use compatibility;
2. That granting the administrative deviation will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed;
3. In the Form Districts, that granting the administrative devi...
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