HomeMy WebLinkAboutSTEAD (255 S. TAFT HILL RD.) - PDP/FDP - FDP150029 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTAugust 12, 2015
Modification Request
DIVISION 3.5.2 RESIDENTIAL BUILDING STANDARDS
(D) Relationship of Dwellings to Streets and Parking.
(1) Orientation to a Connecting Walkway.
Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the
extent reasonably feasible. Every front facade with a primary entrance to a dwelling unit shall
face a connecting walkway with no primary entrance more than two hundred (200) feet from a
street sidewalk. The following exceptions to this standard are permitted:
(a) Up to two (2) single-family detached dwellings on an individual lot that has frontage on
either a public or private street.
Background and Reason for the Request
The site is uniquely shaped with a long access “arm” to the majority of the lot which has the
appearance of a typical rectangle lot. The “arm” has 25 feet of frontage along Taft Hill Road
with an existing sidewalk. The proposed single family home does not fit within the “arm” of this
lot. Therefore, the home is placed within the larger typical lot area and is approximately 268 feet
west of the sidewalk.
Justifications for this request include the following: 1) the strict application of the standard
would render the project infeasible because a home cannot be built within the “arm” of the
property; 2) the plan as submitted would not diverge from the standards of the Land Use Code
except in a nominal and inconsequential way.
Justifications
The Land Use Code states that the decision-maker may grant a modification of standards only if
it finds that the granting of the modification would not be detrimental to the public good; and the
decision-maker must also find that the Modification meets one of the following four criteria
described in the LUC.
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with the
standard for which a modification is requested;
An exception to the standard is if a detached dwelling on an individual lot has frontage on either
a public or private street. This is a detached dwelling and has 25 feet of frontage on a public
street. If we classified the driveway as a private street we would be able to take this exemption.
The plan would not have to change appearance. Therefore, the plan as submitted will promote
the general purpose of the standard equally well.
(2) the granting of a modification from the strict application of any standard would, without
impairing the intent and purpose of this Land Use Code, substantially alleviate an existing,
defined and described problem of city-wide concern or would result in a substantial benefit to
the city by reason of the fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the city's Comprehensive
Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict
application of such a standard would render the project practically infeasible;
N/A
(3) by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such as
exceptional narrowness, shallowness or topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict application of the standard sought to be
modified would result in unusual and exceptional practical difficulties, or exceptional or undue
hardship upon the owner of such property, provided that such difficulties or hardship are not
caused by the act or omission of the applicant;
The site is uniquely shaped in that there is only 25.01 feet of street frontage along South Taft
Hill Road. The majority of the lot is located behind two other single family residences. The first
215 feet of property is exceptionally narrow. When considering the required 5 feet of landscape
setback along the side yards, the home would be a maximum of 15 feet wide and block access
to the rest of the lot.
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are
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.
An exception to the standard is if a detached dwelling on an individual lot has frontage on either
a public or private street. This is a detached dwelling and has 25 feet of frontage on a public
street. If we classified the driveway as a private street we would be able to take this exemption.
The plan would not have to change appearance. Therefore, the plan as submitted will promote
the general purpose of the standard equally well.
In conclusion:
The proposed plan is equally as well as a plan that follows the standard by simply calling
the driveway a private street.
The exceptionally narrow entry to the lot prevents dwelling units within 200 feet from the
sidewalk