HomeMy WebLinkAboutBELLA VIRA FILING 2 - MJA/FDP - FDP140001 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUESTBella Vira, Filing Two, Major Amendment/Replat,
Request for Modification to Standard
Request for Modification to Standard 3.5.2 (E) 1 : A minimum 30' building setback
to an arterial street (Overland Trail) is required, and (E)2 a minimum 15' setback is
required to non arterial streets (West Elizabeth) is required.
The 18 inch reduction in setback at Overland Trail is less than 5% of the 30'
setback and the 16 inch reduction in setback at the corner of one building at West
Elizabeth is less than 9% of the 15' setback. Neither of these conditions is in any
way detrimental to the public good and meets the modification review conditions of
Section 2.8.2 (H) (4) of the Land Use Code. Specifically these setbacks do not
diverge from the standards of the Land Use Code authorized by this Division to be
modified except in a nominal, inconsequential way when considered from the
perspective of the entire development plan, and will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2.
The current site plan previously approved in 2007 allowed the "less than minimum"
setbacks. The actual less than minimum distances were illustrated on the reviewed
drawings, signed by the city development authorities. The existing site layout and
building design was predicated on this previously accepted condition.