Case:
Location:
Property Owner/
Applicant:
Request:
ZBA15-22
2309 Nesbitt Drive
Tax Parcel # 18-202-07-008
Peter Benjamin
Reduce side yard setback from 7.5 feet to 5.8 feet for construction of a
second story addition to existing single-family home
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot located on the east side of Nesbitt Drive approximately 450
feet north of its intersection with Drew Valley Road. The subject parcel is zoned R-75 (Single
Family Residential), has 79.94 feet of frontage along Nesbitt Drive and a lot size of 0.254 acres or
11,106.59 square feet. The subject property is surrounded by single-family residential uses. The
subject property includes an existing one-story single-family home. The applicant proposes to
maintain the existing dwelling footprint at 5.8 feet from the southerly side lot line to construct a
second story addition. The applicant also proposes to add a front porch and enclose an existing
carport, which appear to be in compliance with building setback regulations based upon the
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submitted site plan. In addition, the applicant proposes to remove existing impervious surface area
(walkway) which would reduce the lot coverage on the subject property from 34.9% to 30.2%
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should be
made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of the
intent and purpose of this chapter and the comprehensive plan text.
The Zoning Board of Appeals shall apply the following criteria to the types of applications
specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner
or applicant, the strict application of the requirements of this chapter would deprive
the property owner of rights and privileges enjoyed by other property owners in the
same zoning district;
Staff Comment:
The subject property is a conforming R-75 lot which complies with minimum lot size
requirements and lot area requirements. No exceptional topographic conditions or
inherent circumstances relative to shape or size exist on the subject property to warrant
relief from the strict application of the requirements of this chapter. The primary structure
was built in 1955 and does not conform to R-75 side building setbacks.
(2) The requested variance does not go beyond the minimum necessary to afford
relief, and does not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the zoning district in which the subject property
is located;
Staff Comment:
The applicant’s request to reduce the side yard setback from 7.5 feet to 5.8 feet does not
go beyond the minimum necessary to afford relief. The submitted site plan indicates that
the proposed second story addition would be built within the same building footprint as the
existing structure. The proposed renovation of the single-family home would maintain the
existing side yard setback of 5.8 feet.
(3) The grant of the variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in the zoning district in which the
subject property is located;
Staff Comment:
The requested setback reduction would not be materially detrimental to the public welfare
or injurious to the property or improvements in the zoning district in which the subject
property is located. As previously noted, the proposed home will maintain the existing
footprint of the current structure. The closest point of the proposed second story addition
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would be setback 5.8 feet from the side yard setback toward the rear of the structure. It
shall be noted that the front portion of the home complies with the 7.5-foot side yard
setback.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not
merely impose a casual/discretionary inconvenience upon the applicant or his/her
assigns; and
Staff Comment:
Given the applicant’s desire to utilize the existing foundation to limit disturbance
associated with the site, the literal interpretation and strict application of the applicable
provisions of this chapter would cause undue and unnecessary hardship. Approval of the
variance request to reduce the side yard setback would allow the applicant to maintain a
developable area that is afforded to other lots in the area and of the same zoning district,
while maintaining the character of the residential neighborhood.
(5) The requested variance would be consistent with the spirit and purpose of this
chapter and the City of Brookhaven Comprehensive Plan text.
Staff Comment:
The requested variances have no impact on the terms of the comprehensive plan. The
variance requested to reduce the side yard setback from 7.5 feet to 5.8 feet to maintain the
existing building setback of the dwelling is necessary to bring the subject property into full
compliance with development standards under R-75 zoning.
DEPARTMENT COMMENTS
None.
RECOMMENDATION
Staff recommends APPROVAL of the requested variance to reduce side yard setback from 7.5
feet to 5.8 feet with the following conditions:
1. Development of the subject property shall occur in accordance with the site plan submitted
on May 20, 2015 to the Community Development Department.
2. Prior to construction, a building permit shall be reviewed and approved by the City of
Brookhaven.
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