Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by North Collin Habitat for Humanity for a Variance to the Minimum Side Yard at Corner Setback for the Property Located at 401 Lively Hill
Summary
MEETING DATE: February 26, 2014
DEPARTMENT: Building Inspections
CONTACT: Rick Herzberger, Chief Building Official
ZONING: RS60
EXISTING CONDITIONS: Undersized lot, 5' right-of-way dedication, and a 15' side yard setback requirement, causing need for a variance at the side yard setback.
VARIANCES REQUESTED:
ORDINANCE REQUIREMENTS
REQUESTED DIMENSIONS
VARIANCE FROM ORDINANCE
15' side yard at corner setback
10'
5'
APPLICANT'S BASIS FOR VARIANCE:
Applicant wishes to build a single family residence. Side yard setback at the corner variance is needed to fit the house on an undersized lot.
PUBLIC SUPPORT/OPPOSITION FOR REQUEST:
To date, three letters of support and one letter of opposition have been submitted.
BOARD AUTHORITY:
The Board has authority to authorize a variance from the terms of the Zoning Ordinance as will not be contrary to the public interest if the literal enforcement of the Zoning Ordinance would result in unnecessary hardship due to special conditions unique to the property so that the spirit of the Zoning Ordinance is observed and substantial justice done. The Zoning Ordinance provides additional requirement for "yard variances" and "building or structure variances" that must also be met by an applicant seeking a variance in addition to the requirements set out hereinabove.
In addition to the general requirements set forth above the following requirements must also be met for a variance of the type identified below:
YARD REQUIREMENTS:
The Board has the authority to permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the ...
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