1845 Forsyth Court 15-ZVAR-1048 PresentationRequest for a variance as permitted by Section 24-64 for a reduction in the front yard setback form 20 feet as required by Section 24-108(e)(1) to 14 feet for a 5 by 10 screen porch
addition; and for relief from the Section 24-88(c) requirement for adjoining townhouse dwelling units to be constructed at substantially the same time at Francis Cove Three Lot 8 (Except
Part of Recorded Official Record 12596-2262)(aka 1845 Forsyth Ct.)
15-ZVAR-1048
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Site Context and Detail
RG-M (Residential General-Multi-Family) Zoning.
RH (Residential High) Future Land Use.
Built in 2005.
Half of a 2-Unit Townhouse.
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Proposed Plan
Build a 5’ by 10’ screen porch on an existing concrete pad.
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Need for a Variance
Section 24-108(e)(1) requires a 20 foot front yard setback.
The proposed plan results in about a 14 foot front yard setback.
Section 24-88(c) states, “Adjuring two-family or townhouse dwelling units shall be constructed at substantially the same time or in a continuous sequence unless an existing structure
is being renovated within the same building footprint.”
The adjoining unit was completed in 2005 and is not constructing a similar addition.
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Analysis and Concerns
The existing structure is nonconforming due to setbacks.
The lot is nonconforming due to its dimensions before and after the division for the townhouses resulting in an irregular lot.
The distance from the house to the street is about 36 feet.
Section 24-83(b) allows for covered balconies and porches to project 48” into the front yard but cannot be enclosed.
The same projection is allowed into the rear yard but screening is allowed.
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources.
The general health, welfare or beauty of the community.
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