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ZBA-912 Staff SummaryZBA-912, 2/17 Page 1 of 3 VARIANCE REQUEST ZONING BOARD OF ADJUSTMENT February 28, 2017 CASE: ZBA-912, 2/17 PETITIONER: Ronel Austin, applicant, on behalf of Marie Thompson, property owner REQUEST: Variances to the yard setbacks required in the R-20S zoning district per New Hanover County Zoning Ordinance Section 51.4, including a 5’ front yard variance, 10’ side yard variance, and 20’ rear yard variance LOCATION: 7425 Mason Landing Road PID: R04510-004-012-001 ZONING: R-20S, Residential District PETITIONER’S REQUEST: Ronel Austin, applicant, on behalf of Marie Thompson, property owner, is requesting variances to the yard setbacks required in the R-20S zoning district, including a 5’ front yard variance to the 30’ front yard requirement, 10’ variance to the 15’ side yard requirement, and a 20’ variance to the 25’ rear yard requirement. The petitioner contends that R-20S yard requirements, in addition to the peculiar lot shape and small size, would impose a hardship for buildable area on the subject site. If the petitioner’s request is approved, the yard requirement variances would result in building setbacks for the subject property of 25’ for the front, 5’ for the sides, and 5’ for the rear. BACKGROUND AND ORDINANCE CONSIDERATIONS: The subject property is located at 7425 Mason Landing Road off of Middle Sound Loop Road. The parcel is approximately 0.11 acres and was recorded by deed in 1981 (Book 1195, Page 0037) between grantors Winston and Cornelia Broadfood and grantees Edward and Marie Thompson. The conveyance of the subject parcel by deed in 1981 subdivided the parcel from the parent tract that was owned by the Broadfoots since 1957. Zoning was initially applied to the Middle Sound area in May 1970, at which time the subject parcel was zoned as R-20. In 1988, the property was included in a rezoning application (Z-335) which rezoned 850+ acres of land located along the eastern portion of Middle Sound to R-20S. The 1988 application was initiated and requested by a Middle Sound community group called “Middle Sound Lookout”, and was in response to the adoption of a small area plan for the community, “Middle Sound/Ogden … Future Directions”, a year prior. The basis for the rezoning application was one of four potential zoning options recommended by the small area plan for the community. The subject parcel is non-conforming in regards to the minimum lot size of 20,000 square feet. It is triangular in shape and has 96’ of frontage along Mason Landing Road. The other two parcel line dimensions are 96.92’ and 136.18’. Power transmission lines run along the front of the parcel parallel to Mason Landing Road. Setbacks for structures are dictated by the yard requirements of the zoning district of the property, per the definitions of Setback Line and Yard in the Zoning Ordinance: Setback Line - The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained. (23-28) ZBA-912, 2/17 Page 2 of 3 Yard - A required open space unoccupied and unobstructed by a structure or portion of a structure provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (1/5/81) Private driveways or easements serving three or fewer lots pursuant to Section 65 may also be permitted in any yard. (3/8/93) HVAC units elevated to comply with flood plain regulations may be permitted in any side yard provided the supporting structure is at least (5) feet from the adjoining property line. (8/18/03) (23-42) Yard, Front - A yard extending between side lot lines across the front of a lot adjoining a public or private street. The depth of the required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines, and in such a manner that the yard established shall provide minimum depth parallel to the front lot line. (7/6/92) (23-43) Yard, Side - A yard extending from the rear lines of the required front yard to the rear lot line. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line. (23-44) Yard, Rear - A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there shall be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. (23-45) The subject property is zoned R-20S; therefore, the yard requirements of that zoning district apply per Section 51.4-2 of the Zoning Ordinance: Section 51.4: R-20S Residential District (12/7/81) 51.4-1: The R-20S Residential District is established as a district in which the principal use of land is for low density single-family residential purposes. The regulations of this district are to permit development compatible with the preservation of its rural character and providing limited growth. It is designed to accommodate residential opportunities for those who desire exurban, low-density lifestyle and are willing to assume the costs of providing many of their own services and amenities while maximizing the protection of resources and the conservation of open space. Mobile homes, duplexes, residential clusters, attached residential and high density attached residential uses shall not be permitted. 51.4-2: Dimensional Requirements: (1) Minimum Lot area 20,000 Square Feet (2) Minimum Lot width 90 feet (3) Minimum Front Yard 30 feet (4) Minimum Side Yard 15 feet (5) Minimum Rear Yard 25 feet (6) Maximum Height 35 feet ZBA-912, 2/17 Page 3 of 3 If the yard requirements per Section 51.4-2 were applied to the subject property, the resulting buildable area would be a 302.5 square feet triangular shape. If the requested variances were approved, the resulting buildable area would be 1,624.5 square feet. The county’s Zoning Ordinance does not have allowances for features such as decks, staircases, or porches to encroach into any required yard area. As such, a home and any deck, staircase, or porch serving the structure would also have to adhere to the yard requirements or relaxed yard requirements based on an approved variance. Both of the property abutting the subject property are to remain virtually undeveloped. The property to the east is under restrictive covenants due to a conservation agreement (Book 2550 Page 0615). The property to the west is encumbered as passive recreation space and common area for Mason Landing Yacht Club, a performance residential subdivision recorded in 2008 (Map Book 52 Page 321). BOARD OF ADJUSTMENT POWER AND DUTY: The Board of Adjustment has the authority to authorize variances from the terms of the Zoning Ordinance where, due to special conditions, a literal enforcement of the regulations would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. A concurring vote of four-fifths (4/5) of the voting members of the Board shall be necessary to grant a variance. A variance shall not be granted by the Board unless and until the following findings are made: 1. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. 2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. 3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. 4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. ACTION NEEDED (Choose one): 1. Motion to approve the variance request based on the findings of fact (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to deny the variance request based on specific negative findings in any of the 4 categories above.