AGENDA DATE: 7/8/2015
TITLE:
Title
ZMA2005-00007 Special Exception to Vary Haden Place Application Plan and Code of Development
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution approving a special exception to vary the approved Application Plan and Code of Development
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Benish, Yaniglos, Perez
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: A zoning map amendment was approved for Haden Place (ZMA 2005-00007) on February 14, 2007 that rezoned the property from R-2 to Neighborhood Model District (NMD), inclusive of an Application Plan and Code of Development (Attachment C). The Applicant has requested a special exception to allow a variation from the approved Application Plan and Code of Development to permit ten (10) feet of encroachment within the rear setback for decks and porches on Lots 29 through 34 in Block B of the development (Attachment C; see page A6.2). County Code § 18-4.11.1 requires that decks and porches project not more than four (4) feet into any required yard and that no such feature be located closer than six (6) feet to any lot line. While the Application Plan permits up to four (4) feet encroachment of the front setback pursuant to County Code § 18-4.11.1, the Application Plan and Code of Development does not specify any permitted encroachment of the rear setback.
STRATEGIC PLAN: Development Areas: Attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods.
DISCUSSION: County Code § 18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development upon considering whether the proposed variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. County Code § 18-33.5(a)(1) requires that any request for a variation be considered and acted upon by the Board of Supervisors as a special exception. Staff opinion is that the requested variation meets the five criteria listed. A detailed analysis is provided in the Staff Report (Attachment A).
BUDGET IMPACT: There is no budget impact related to this request.
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution (Attachment E) approving the special exception to vary the Application Plan and the Code of Development to permit decks and porches on Lots 29 through 34 in Block B of the development to encroach ten (10) feet into the rear setback.
ATTACHMENTS:
A Staff Report
B Variation Request Haden Place
C Approved Application Plan and Code of Development
D Site Exhibit of Block B
E Resolution