The authority to grant a minor variance is limited to certain area requirements in Section 1133.05 (Setback Requirements) on a parcel with a single family detached dwelling constructed on or before July 7, 1972, and the accessory structures.
(a) The Community Development Administrator and the Law Director may grant a minor area variance provided that:
(1) The existing house or accessory structure does not meet the current minimum requirements for the Zoning District in which it is located;
(2) The applicant requests a variance from the restrictions of minimum front, side or rear yard setbacks;
(3) The applicant qualifies for an area variance applying the factors listed in Section 1117.15(a) (Area Variance);
(4) The variance will not result in a change in use or an increased number of single family dwelling units on the parcel;
(5) Any existing nonconforming setbacks will not be further reduced; and,
(6) The written approval of the variance includes a statement that no other variance or modification of the Planning and Zoning Code, municipal regulations, specifications or minimum standards is granted or permitted.
(b) The Community Development Administrator and Law Director may grant a minor variance for a parcel in a residential zoning district that permits only single family detached dwellings to allow the encroachment of a deck or patio attached to a single family dwelling into the rear yard or side yard setback of a lot which abuts a dedicated open space, with the following conditions:
(1) The encroachment shall not exceed twenty percent (20 %) of the depth of the setback.
(2) The written approval of the variance includes a statement that no other variance allowing encroachment into the rear yard or side yard setback or modification of the Planning and Zoning Code, Municipal regulations, specifications or minimum standards is granted or permitted.
(Ord. 3273. Passed 5-9-24.)