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Planning & Zoning Commission/ Local Planning Agency Minutes February 12, 2025 Page 6 with a Future Land Use designation of Low Density Residential. The parcel is not located within any overlay districts, and the surrounding area has similar zoning and land use designations. The subject lot, platted in 1946 (PB 7/PG 63), has a width of 50 feet, which predates the establishment of the City's zoning standards. Due to its narrow width, the applicant is requesting a variance of 2.5 feet on each side of the property to accommodate the construction of a 40 -foot - wide single-family home, leaving 5 feet of setback on each side of the property line. This request is considered the minimum necessary to fit the proposed structure on the lot while maintaining the required square footage and space for a garage or carport. According to Section 2-7.6 of the ULDR, nonconforming lots of record that existed prior to the adoption of the zoning code may still be used for permitted purposes, even if they do not meet the current area or width requirements of the zoning district. The applicant's property qualifies as such a legal lot of record, as it was platted prior to the adoption of modern zoning standards. The applicant's request is supported by the ULDR's provisions for single-family dwellings on legally established lots, even if the lot is narrower than the current minimum size. While the R-9 zoning district currently requires a minimum lot width of 75 feet, the subject property's 50 -foot width constitutes a hardship due to the age of the plat, not any fault of the applicant. Staff finds that the proposed variance is in compliance with the criteria outlined in Section 1-2.7 of the ULDR. The requested variance will not have an adverse impact on the surrounding area and is consistent with the character of the neighborhood, which is comprised of single-family, low- density residential homes. Staff recommends that P&Z approve project number VAR 24-02, a variance request to reduce the side setback from 7.5 ft. to 5 ft. for Parcel ID 08-21-30-510-ED00-0040. This recommendation is based on the findings in the staff report, as well as the testimony and evidence presented during the meeting. The request is also consistent with the applicable provisions of the Unified Land Development Regulations and aligns with the City's Comprehensive Plan, as detailed in the written findings within the staff report. Finally, this recommendation includes the conditions listed below: 1. A building permit is required for the single-family home. 2. An address must be obtained from the City prior to the issuance of 'any building permit. 3. The existing sheds on the property must all be removed prior to the issuance of any building permit. 4. The proposed single family home cannot encroach any more than 2.5' into either interior side setback. 5. This variance shall not be conveyed to any expansion of the home, including patios/pools, and accessory structures. 6. No mechanical equipment (air conditioner, propane tank, etc.) shall be permitted in the side yard; all equipment shall be oriented to the rear of the property. 7. All of the above conditions shall be fully and faithfully executed, or the variance shall become null and void.