Variations
Zoning Ordinance, Section 38-23, 12
CHAPTER 38 Article 5 Residential Districts - Section 38-23
(12) -
(READ
DISCLAIMER)
Variations
to Setback Standards: Setbacks shall be as set forth in Section 38-23
(D)(1); however,
the Architectural Review Committee may minimally vary any setback to achieve an improved
relationship between the new construction and structures on adjacent lots and those in the
immediate neighborhood. No variation to the standards shall be approved until notice is
given to all adjoining owners and the owners across the street.
Variations in setback shall only be granted upon finding that the
variation will not compromise privacy expectations on adjacent properties beyond those
incurred by adherence to standard setbacks and that the variation is minimal and necessary
to achieve conformity with one or more of the following:
Adopted Neighborhood Compatibility Design Guidelines;
Design considerations contained in subsection 4 of Substandard
Residential Lots;
Planning Commission and Architectural Review Committee adopted View
Impact policies;
Architectural Review Committee adopted Tree Protection Standards.
All decisions of the Architectural Review Committee that grant a
setback variation shall be accompanied by the specific findings that support the decision.
All decisions of the Architectural Review Committee may be appealed to the Planning
Commission under provision of
Article 27.
If a variation is granted by the Architectural Review Committee, it
supersedes the need for a Variance. Variations to setback standards that are not reviewed
by the Architectural Review Committee or do not conform with these standards shall be
reviewed in accordance with the provisions of
Article 22. (Ord. 3256 § 1, 1999).
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