Placement: Other Public Hearings
Action Requested: Motion / Vote
title
Quasi-Judicial, Public Hearing, an Appeal of the Planning and Zoning Board Denial of a Request for the Following Variances: 1) a Variance of 745 SF to Allow the Construction of a 945 Square Foot Carport, 2) a Variance of Four (4) Feet to Allow for a Six (6) Foot Side Yard Setback on the West Side of the Property, and 3) a Variance to Allow the Proposed Carport to Extend Beyond the Front Corners of the House.
body
Submitted By: Ivan Betancourt, Planner I
Strategic Plan Link: The City’s Vision to put residents first.
Executive Summary (General Business): The applicant requests the Board of Zoning Appeals review the following variances, which were denied by the Planning and Zoning Board on August 5, 2025: 1) a variance of 745 square feet to allow the construction of a 945 square foot carport, 2) a variance of four (4) feet to allow for a 6-foot side yard setback on the west side of the property, and 3) a variance to allow the proposed carport to extend beyond the front corners of the house. Section 158.217 (C)(2)(p) allows for a maximum size of 200 square feet for a carport. Sections 158.217 (C)(1) and 158.073 (H) state that accessory structures in the RS-2 (Single-Family Residential) zoning district must maintain a 10-foot setback from the side property line. Section 158.217(C)(1) of the Zoning Code prohibits accessory structures within the area extending from the front corners of the principal structure to the front property line. In accordance with Sections 158.302 and 158.335 of the City Code, a decision of the Planning and Zoning Board may be appealed to the City Council serving as the Board of Zoning Appeals. The Board of Zoning Appeals is to be, to the extent possible, upon the record of the Planning and Zoning Board and not be a hearing de novo. The Board of Zoning Appeals is to review the minutes of the hearing before the Planning and Zoning Board together with the application for variances and related supporting documents and any other tangible evidence considered by the Planning and Zoning Board in arriving at its decision. The Board of Zoning Appeals may also entertain any additional testimony or evidence that was not brought out at the Planning and Zoning Board hearing.
Presentation Information: Staff will provide a presentation
Staff Recommendation: Move that the Council review the decision made by the Planning and Zoning Board on August 5th, 2025, and determine whether that decision is affirmed or reversed.
Background: On November 3rd, 2020, the subject property was granted a six-foot variance to permit a zero-foot side yard setback along the western boundary for the installation of a proposed solar panel roof supported by poles. Additionally, the existing residence encroaches into the side yard setback on both the east and west sides of the property.
Issues/Analysis: On August 5, 2025, the Planning and Zoning Board denied the applicant’s request for the three variances. Subsequently, on August 13, 2025, a formal appeal was filed with the Clerk’s Office by the applicant, Mr. Jared Greenberg.
Financial Information: N/A
Special Consideration: n/a
Location of Project: 702 SW Abode Ave
Attachments:
• Planning and Zoning Board Minutes
• Variance Appeal
• Staff Report
• Application and Responses to Variance Criteria
• Applicant Carport Concept Submittal
• Deed
• Staff Presentation
• Appellant Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 25218-05
Legal Sufficiency Review:
Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.