Variance Request Information Form

Plat Name: Hanover West Gray Subdivision

Company Name: TBG Partners/ Vernon G Henry & Associates, Inc.
Date 04/20/2011
Submitted:

47 and 81
Specific variance is being sought and extent of variance:
To allow a 15’ building setback line on Waugh rather than 25’; to allow a 5’ building line on West Gray
rather than 15’; to allow metal canopies over the entry areas on West Gray to be projected 5’ into the
building setback from the building facade

Chapter 42 Reference: Sec. 42-150. Building line requirement.

(c) The following chart is a summary of certain of the building line regulations of this
division and is intended for illustrative purposes only. In case of any conflict between the
chart and the text of this division, the text shall control.

Urban

Abutting Major Thoroughfare 25'

Abutting Major Thoroughfare other than

a transit corridor street with Planned ROW 15 feet, if meets standards of Sec. 42-154
of 80' or less

Sec. 42-154. Urban area--Major thoroughfares with planned right-of-way of 80 feet or less.

Except for a transit corridor street, a building line requirement of 15 feet is authorized
for parcels in an urban area that have frontage on a major thoroughfare with a planned
right-of-way of 80 feet or less if an applicant submits a subdivision plat or development plat
that demonstrates compliance with each of the following standards, if applicable:

(1) The subdivision plat does not provide for lots adjacent to the major thoroughfare
and the development plat does not provide for single-family development adjacent to the
major thoroughfare, as applicable;

(2) Any private street or private drive crossing the building line is substantially
perpendicular to the adjacent major thoroughfare and the building line;

(3) The area within the building line is not used for parking, driveways or any other
auto-related uses such as access to a drive-in window;

(4) A clearly-defined pedestrian walkway that is separate from any private street or
private drive is established across the building line perpendicular to the sidewalk providing a
connection from a public sidewalk along the major thoroughfare to an entrance to a building
or the project;

(5) Provision is made for a sidewalk that is at least five feet wide to be constructed
by the applicant within the right-of-way of the major thoroughfare;

(6) The height of any building within 15 feet behind the building line is restricted to
not more than 75 feet, as measured in accordance with the Building Code;

(7) Trees that are within 25 feet of the property line adjacent to the major
thoroughfare are protected as corridor trees pursuant to article V of chapter 33 of this
Code;

(8) The building line conforms to the visibility triangle required by section 42-162 of
this Code at the intersection of a major thoroughfare and any other street;

(9) For any property used for nonresidential purposes, the maximum height of any
fence, wall, berm or combination thereof within the building line is 36 inches in height
measured from mean grade;

(10) For multi-family residential uses, any fence, wall, berm or combination thereof
within the building line that is more than 36 inches high, but less than eight feet high,
measured from mean grade is at least two feet from the property line adjacent to the major
thoroughfare and the space created thereby is used and maintained for landscape plantings;
and

(11) For purposes of section 33-127(b) of this Code, the number of required shrubs
shall be equal to the number of required street trees multiplied by five, which required
shrubs shall be distributed along the street frontage of the property in the landscape strip.

Statement of Facts:

(1a) The imposition of the terms, rules, conditions, policies and standards of this chapter
would create an undue hardship by depriving the applicant of the reasonable use of the
land;

(1b) Strict application would make this project infeasible due to the existence of unusual
physical characteristics that affect the property in question, or would create an impractical
development or one otherwise contrary to sound public policy;
This replat is for an apartment project which is proposed to replace a freestanding bar . The
narrow (200’) width of this inner-city block, when coupled with the required setbacks, creates
dimensional problems for apartment development and particularly for the structured parking.
Suburban apartment sites are several acres in size and do not have this kind of dimensional
constraint. Further, the standard setbacks push the open space to the public edges along the
street, reducing the area available for courtyard open space for the enjoyment of the residents.
This site has further dimensional problems created by a very old, deep storm sewer line that
traverses north/south across the property, effectively cutting the site in half A 45’ easement is
being required by Public Works for this sewer, which was built without an easement. Allowing
the setbacks to be reduced provides the opportunity to create an urban style apartment building
with an unfenced and heavily landscaped area between the building and the street. The
resulting proximity to the sidewalk promotes “eyes on the street” by the apartment residents,
increasing the safety for pedestrians walking to the numerous nearby existing stores and office
buildings as well as to the Whole Foods Market now under construction.
The required setback for the two southwest corners of Waugh and West Gray is only 15’
along Waugh. On the northwest corner there is an existing bank building with a 5’ setback. It is
contrary to sound public policy to require 1 corner out of 4 to have a larger setback than the
other 3.
If the setback variances are granted, the closest face of the building will be 20’ from the
curb on West Gray and 29’ from the curb on Waugh at the closet point. The buildings will not
be flat-faced, but will have façade off-sets to create appropriate scale. The metal canopies over
the first floor pedestrian entries on West Gray will shield pedestrians from the rain as well as call
attention to these entry points. (There will be awnings over openings that will project the
currently allowable 30” from the various facades.)
The reduced setbacks being requested will allow the proposed apartment buildings to
have 4 floors of apartment units over two floors of parking, one of which will be completely
below grade. The resulting height will be more in keeping with the character of the area than a
taller building. Without the setback reductions, the height of the buildings would have to be
increased substantially.

(2) The circumstances supporting the granting of the variance are not the result of a
hardship created or imposed by the applicant;
The size and dimensions of these blocks was established long ago with the original subdivision
plat...

(3) The intent and general purposes of this chapter will be preserved and maintained;
The proposed improvements are appropriate for this inner-city neighborhood, which has been in
a state of transition for many years. The reduced building lines proposed will promote an urban
environment and encourage greater pedestrian activity.

(4) The granting of the variance will not be injurious to the public health, safety or welfare;
and
Encouraging a safety and more pedestrian friendly environment promotes public health, safety
and welfare.

(5) Economic hardship is not the sole justification of the variance.

The variance is justified because of the narrow width of the property, the smaller setbacks along
Waugh on the other three corners of Waugh and West Gray, and the attempt to minimize the
height of the buildings.