B. General.
1. Requests for Administrative Relief shall be limited to a modification from the front, rear, or side yard setbacks or from the maximum percentage of lot coverage, in an amount that is not greater than ten percent (10%) of the setback, or five percent (5%) of the maximum lot coverage permitted by the underlying zoning.
Zoning
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Existing Lot Coverage
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Modified Lot Coverage
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Existing Setbacks
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Modified Setbacks
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R1-10 | 45% | 47.25% | Front - 10 ∙ Front - 20 ∙∙ Side -5/15 Rear - 15 Corner - 10 | Front - 9 Front 18 Side - 4.5/13.5 Rear - 13.5 Corner - 9 |
10,000 SF | 4,500 SF | 4,725 SF |
∙
10-foot front setback for side-entry garage
∙∙
20-foot front setback for front-facing garage
2. Requests for Administrative Relief shall be acted upon by the Planning Manager and shall adhere to the procedures in this Section.
3. A property owner may seek Administrative Relief for both setback and lot coverage, to be evaluated by the Planning Manager.
4. Requests to deviate from the development standards of the zoning district that do not meet the above criteria shall not be considered a minor deviation available for Administrative Relief, but to be considered a Variance as outlined in Section 21-325.
C. Conditions of Approval. The Planning Manager may authorize Administrative Relief when all of the following conditions are fulfilled:
1. The requested modification is the minimum modification for the reasonable use and enjoyment of the land and/or structure;
2. The relief shall not be contrary to the purpose and intent of this Ordinance;
3. Any proposed improvement is for the accommodation of a use designated as a permitted principal, conditional, or accessory use within the zoning district in which the property is located;
4. The request is filed for the use and enjoyment of the current property owner, and is not part of multiple applications from an individual homebuilder for a specific subdivision or planned community;
5. The requested modification will not unduly impact the peace and enjoyment of abutting properties; and
6. Appropriate and specific conditions as may be deemed necessary in order to fully carry out the intent of this Section have been stipulated by the Planning Manager.
D. Application for Administrative Relief.
1. A request for Administrative Relief may be filed by any property owner within the City of Peoria.
2. An applicant shall submit an application for Administrative Relief to the Department on an official form provided by the Department, together with the applicable fee(s). The application shall specify the modifications from the zoning code that are being requested, the reason for the request, and the desired decision.
E. Notification. The noticing requirements for Administrative Relief are outlined below:
1. The Department shall send a Notice of Application to each owner of real property that abuts the property requesting an Administrative Relief.
2. The Department shall send a Notice of Decision regarding the Planning Manager's decision to each owner of real property that abuts the subject property requesting an Administrative Relief.
F. Appeal Criteria and Procedure.
1. The purpose of the appeal criteria provided herein is to accommodate appeal rights of persons aggrieved by City decisions, while also ensuring that appeals are conducted in a manner that protects the rights of all parties and ensures finality in land use decisions.
2. An appeal of the Planning Manager's decision is limited to instances where the aggrieved party alleges there was an error in a decision in the enforcement of the Zoning Ordinance or applicable regulatory requirements.
3. An appeal of the Planning Manager's decision shall be appealed to the Board of Adjustment in accordance with procedures set forth in Section 21-323.
4. If the nature of the appeal goes beyond the conditions of approval outlined in Section 21-324.C, the Planning Director shall determine the validity of the appeal to go before the Board of Adjustment.
5. To initiate an appeal of the Planning Manager's decision regarding an Administrative Relief application:
a. A written notice of appeal shall be submitted on a form prescribed by the Department and includes specific citations from the Zoning Ordinance or other regulatory documents which the applicant or appellant contends has been incorrectly applied; and
b. The appeal must be received by the Department within fifteen (15) calendar days after the date of the decision. The deadline shall be extended to the end of the next business day when the deadline occurs on a non-business day.
c. If an appeal is received by the Department within fifteen (15) days of the mailing date of notice, the matter shall be heard by the Board of Adjustment.
G. Allowance. The granted Administrative Relief shall run with the land.