05-23-22-R - Laserfiche WebLink

Home Browse Search

Page 3 of 9 meet the underlying zoning requirements, which is allowed under the PUD process. Because the lot sizes and building locations were approved as part of the PUD process, they are not considered nonconforming even if they do not meet the underlying R-3 zoning requirements. Therefore in developments like the Hunters Park neighborhood, it is not uncommon for the PUD to include an alternative set of regulations that supersede the underlying zoning regulations. In the case of the Hunters Park, alternative lot layout standards were not created, which means that the underling R-3 regulations were left in place. Since most of the structures and lots do not meet the R-3 Zoning regulations, virtually any change to the structures in Hunters Park would trigger a request for a variance. Furthermore, it can be difficult to apply the R-3 regulations to lot sizes that do not meet the minimum R-3 lot size. The City Council considered approving an alternative set of regulations for the Hunters Park neighborhood in 1985 (Planning Case 85-010). As part of this planning review, the City compiled a summary of the existing development patterns within the Hunters Park Development which were as follows: • Front Yard Setback from Public Street – Vary from 8 feet to 60 feet. Most units determined to be in a range of 20 feet to 25 feet. • Front Yard Setback from Private Street – Range of 18 feet to 20 feet. • Side Yard Setback – Several as low as 2 feet and some as high as 30 feet. Common range determined to be 4 feet to 15 feet, with a combined setback of 15 feet. • Rear Yard Setback – Range from 8 feet to 45 feet. Most units determined to be 14 feet to 24 feet. • Lot Structure Coverage – Range from 17% to 38%. Most lots determined to have 25% to 30% structure coverage. From this analysis it was determined that an alternative set of regulations for Hunters Park should not be created because the lots and structure layouts were so varied in the original PUD that it would be very difficult to create a standard that is less complicated than the existing process. The City Council did, however, approve a process for evaluating future changes to structures in Hunters Park: 1. If additions or alterations to the homes do not require setback or coverage variances from the R-3 Zone, only a building permit issued administratively by the City shall be required. This removed the need for a PUD amendment with every change. 2. If additions or alterations to cluster homes do require additional variances of any kind from the R-3 Zone, the standard variance procedure set by the City shall apply. 3. In both cases, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. It shall assist individual homeowners in determining if a variance is required for proposed alterations. According the planning case files, the Hunters Park homeowner association approved this process along with the City. Since many of the lots and structures do not meet current requirements under the R-3 regulations, a variance is still almost always required. A number of other properties in the Hunters Park neighborhood have received variances to construct similar additions; however past variance approvals are not a basis for current variance reviews. The previously approved variances were: