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 deviation will not have an adverse impact on the urban form and/or the street-space; 4. That granting the administrative deviation is consistent with the purpose and intent of this development code (see 1.4 and 1.5) and 5. E. That granting the administrative deviation is consistent with the purposes and intent of the adopted plans (see 1.6) |
1. The plight of the owner is due to unique circumstances; 2. The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties; 3. The proposed variance represents the minimum deviation from the standards necessary to accomplish the desired improvement; 4. The conditions of the variances requested are not self-created; 5. The granting of the variation will result in a public benefit to the surrounding neighborhood and the City as a whole. The public benefit may include, but is not limited to, preservation or enhancement of desirable site characteristics or natural features or historic resources, design that enhances the surrounding area, economic development which may enhance the local economy, or efficient use of land as it relates to surrounding structures and services. |
1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district; and 2. The plight of the owner is due to unique circumstances; and 3. The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties. |
|
Change |
No Change |
New |
Added “Major” to the title and revised definition to greater than 50%. |
The Planning & Zoning Commission found that the request met the Findings of Fact and voted 6 to 0 to approve the text amendment.
See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): None
IMPACT IF APPROVED: Regulation for variations will be modified to add a third variance category each with their own criteria: 1) Administrative Deviation, 2) Minor Variance, and 3) Major Variance.
IMPACT IF DENIED: Regulations for variations will remain as currently written with two categories: 1) Administrative Deviation and 2) Variance.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Community Development