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Serenity Tender Care Services VAR24-06 Board of Adjustment Hearing – October 10, 2024 Amy Schwenner Planner Request 2 Variance approval to reduce the side and rear setbacks from twenty (20) feet and fifteen (15) feet to five (5) feet in the C-2 (General Commercial) zoning district for a detached shade structure. Applicant / Owner: Ovie Emeofa Vicinity Map 3 Northeast corner of 55th Avenue and Glenn Drive SITE CITY HALL Zoning Map 4 Aerial Map 5 Project Details 6 • Size: 16,137 sf (0.37 ac) / 3,800 sf • Specific Use: Child Care, Center • Proposal: 26’ x 42’ shade structure (1,092 sf) • Setbacks: 20’ (streetside) / 15’ (rear) / 10’ (building) • Hardship: Setbacks limit the shaded area to 442 square feet – shade existing play structure (minus fall safety zone) for younger clients – shade open space for older clients Public Involvement 7 • Notification Letters: July 8, 2024 • Reminder Postcards: September 25, 2024 • Site Posting: September 25, 2024 • Notice of Public Hearing: September 27, 2024 Conceptual Site Plan / Elevation 8 Findings & Analysis 9 • Conditions preventing application of the zoning standard: – standard setbacks reduce the size of the sheltered open space and limits number of individuals and type of use • Standard deprives appellant common rights: – neighbors have zero setback from the property lines Findings & Analysis 10 • Hardship not the result of actions by the applicant: – amount of shade allowed per code causes applicant to choose one use over another • Interfere/alter legal use of adjacent properties: – located adjacent to street and commercial use to the east – five-foot setbacks allow for proper drainage Recommendation 11 If the Board decides to grant the variance, it should be subject to the following stipulation: Development shall be in conformance with applicable site, floor and elevation plans, date stamped July 8, 2024. Serenity Tender Care Services VAR24-06 Board of Adjustment Hearing – October 10, 2024 Amy Schwenner Planner