Case 1689
Applicant:
Oxford Lodging LLC
Owner:
Mr. Bruce Patel
662-205-4031
Request:
6.5 Foot height variance where 38 feet is permitted (Section 148.07 # 1
Old Town Oxford – Land Development Code)
Location:
305 East Jackson Avenue
Surrounding uses and Zoning:
North:
South:
East:
West:
School in a POL
Commercial in GB
Commercial in GB
Pathways and Commercial in NB
Zoning History:
July 2006 – Special Exception granted to permit a hotel in a NB district (Case 1298A)
July 2006 - 5 foot 11 inch height variance denied (Case 1298B)
July 2006 – Hotel site plan approved (Case 1298C)
June 2007 – Retaining wall separation variance granted (Case 1407)
June 2007 – Revised site plan approved (Case 1407A)
Planner’s Comments: Property is in the Conservation Overlay District zoned GB and
NB with a special exception permitting a hotel. The applicant is requesting a 6.5 foot
height variance to allow roof amenities such as elevator lobby, bathrooms, catering
kitchen, and trellis structures. The site does have challenging topographic issues that
create sight line difficulties and correcting those difficulties does have the effect of
lowering the site’s current average grade plan.
Variances from the terms of the Land Development Code may be granted after the
applicant demonstrates:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or
buildings in the same district;
b. That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under the
terms of this ordinance;
c. That the special conditions and circumstances do not result from the actions of the
applicant; and
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in the
same district.
Further the Board of Adjustment shall make a finding that the reasons set forth in the
application justify the granting of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of the land, building, or structure and
that the granting of the variance will be in harmony with the general purpose and intent of
this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to
the public welfare.
Recommendation: If the applicant demonstrates the four criteria above to the Board of
Adjustment, due to the topographic issues related to the site, staff would recommend
approval of the variance request for 6.5 foot height variance.