Title
Prairie Hills LLC Variance Requests - Front and Side Yard Setbacks 804, 809, 810 and 812 Sunflower Road
Body
Summary:
Prairie Hills LLC has requested variances to the front yard setbacks for 804 and 809 Sunflower Road and side yard setbacks for 810 and 812 Sunflower Road. The foundations for 804 and 809 Sunflower Road had already been poured prior to the identification of setback issues at 806 and 813 Sunflower Road which were brought to the Board of Adjustment on September 2, 2021. The homes at 810 and 812 Sunflower Road are already built.
The required front yard setback in the Residence R-3 apartment district is 20 feet. Because Prairie Hills is being constructed with private roads and common area lots, the accepted front yard setback has been determined to be from the front of the dwelling to the back of the curb, rather than to the public right-of-way which does not exist here. 804 Sunflower Road has an existing front yard setback of 12' 5 1/4" from the dwelling to the back of curb. 809 Sunflower Road has an existing front yard setback of 16' 10 1/4" from the dwelling to the back of curb.
The required side yard setback in the R-3 district is 7 feet. The accepted side yard setback for dwellings within common lot areas is matching side yard setbacks between dwellings, or a minimum distance of 14 feet between dwellings. The existing side yard setback between 810 Sunflower Road and 812 Sunflower Road is 12' 2 15/16" or just over 6' side setback for each.
Findings of Fact:
(1) Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of variance.
Finding: Prairie Hills has been developed with common lot areas and private roadways. This creates challenges in determining front and side yard setbacks due to the absence of front, side, and rear lot lines for individual dwellin...
Click here for full text