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LEGISLATIVE MEMORANDUM
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TO:
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Honorable Mayor and Members of the City Council | | FROM:
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| | | | | | | | | THRU:
| Laurence Bradley, AICP, Growth Management Director |
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| | | | | | | | DATE:
| 12/3/2020 | RE:
| Request by Dale Herscher, for a variance to allow a proposed covered carport to encroach 6.5 feet into the 8-foot side interior building setback as established by Section 185.033(F)(7)(b), Palm Bay Code of Ordinances (0.23 acres) (V-28-2020) (Quasi-Judicial Proceeding). |
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| | | | | | | | Mr. Dale Herscher has asked for a variance to allow a proposed carport to encroach 6.5 feet into the 8-foot side interior building setback as established by Section 185.033(F)(7)(b) of the Palm Bay Code of Ordinances. The .23-acre property is located south of and adjacent to Douglas Street SE, in the vicinity west of Fluvia Avenue SE, specifically at 1128 Douglas Street SE.
In 2017, City Council granted the applicant a vacating of easement (Ordinance 2017-31) for the subject slab so that his wife, who has a bad hip, would not injure herself. The current request to place a carport on the slab will further protect his wife during inclement weather. Literal interpretation and enforcement of the Land Development Code would not allow the proposed carport to be built in the desired location. Staff has not identified any detrimental effect to public welfare.
REQUESTING DEPARTMENT:
Growth Management |
| | | | | | | | RECOMMENDATION: Request for City Council to determine, based on the facts presented, the degree of minimal relief, if any, to meet the needs of the variance request, as required by Section 169.009 of the City of Palm Bay Code of Ordinances.
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| | | | | | | | Planning and Zoning Board Recommendation:
Unanimous approval of the request.
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