Staff Report
File #: PZ 20-007
APPLICATION: Variance APPLICANT: Jerald Freeman
Staff Recommendation: Denial
Planning and Zoning Recommendation, April 27, 2020:
Approval of PZ 20-007 with conditions as indicated in report - Vote 7:0
Mayor and Council Decision: Pending
PETITION:
To consider a variance application
PURPOSE OF THE REQUEST:
1. Removal of 30 foot undisturbed buffer as indicated on approved plat (Section 12-13).
2. Reducing the rear setback from 35 feet to 8.6 feet to accommodate two (2) pergolas (Table 2-2).
3. Reduce the west side setback from 10 feet to 4.7 feet to accommodate pergola (Table 2-2).
4. Reduce the east setback from 10 feet to 5.3 feet to accommodate pergola (Table 2-2).
LOCATION: 5678 Walnut Mill Lane (0.26 acres) Parcel ID#: 19082000220
Background:
The subject site is located within Cameron Spring subdivision within the Residential (R15C) zoning district. The subdivision was originally approved May 2, 2005 consisting of 152 single-family units. The Cameron Spring subdivision setback regulation requires a front setback of 20 feet (lots with undisturbed buffer); rear setback of 35 feet and side setback of 10 feet. The property owner has removed the 30 foot undisturbed buffer and has constructed a sitting area in his backyard consisting of two (2) pergolas and a paved area as indicated in Exhibit 2. The applicant has indicated that removal of the trees were as a result of a storm that made landfall within this general area.
Removal of the trees within this subdivision has violated the original zoning stipulation approved by Mayor on Council on May 2, 2005. The stipulation outlined maintaining a 30 foot buffer for property adjacent to Loy C and Patricia Stancel property (See stipulations below).
In addition, the final recoded plat (2016) and approved tree plan for the Cameron Spring subdivision also outlined the 30 foot undisturbed buffer. Article 12-13 of the Unified Development Co...
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