File #: LN-122    Version: 1 Name:
Type: ZBA Submission Status: Failed
File created: 5/10/2021 In control: Zoning Board of Appeals
On agenda: 7/15/2021 Final action: 7/15/2021
Title: SPECIAL EXCEPTION - FAMILY COMMUNITY RESIDENCE
Attachments: 1. Second Request to Postpone.pdf, 2. Request to Postpone.pdf, 3. 21-17000007_Staff Report.pdf, 4. 00_Application-OwnersCert_21-17000007.pdf, 5. 02_Survey_21-17000007.pdf, 6. 03_Warranty Deed.pdf, 7. 21-17000007_Legal Descrpition.pdf, 8. 21-17000007_Aerial Map.pdf, 9. ZBA Public Notice 21-17000007.pdf, 10. Code Case #20120011.pdf, 11. 01_Revised_Narrative_07072021.pdf
boardname
Zoning Board of Appeals
Meeting Date: July 15, 2021

title
SPECIAL EXCEPTION - FAMILY COMMUNITY RESIDENCE

projectinfo
Request: Special Exception
P&Z# 21-17000007
Owner: Shmulik Rentals LLC
Project Location: 2781 NE 2nd Avenue
Folio Number: 4842 23 05 0100
Land Use Designation: L-Low 1-5 DU/AC
Zoning District: RS-3 (Single Family Residence 3)
Agent: Ryan Abrams
Project Planner: Daniel Keester-O'Mills

otherinfo




Summary:
The Applicant Landowner is requesting SPECIAL EXCEPTION approval as required by Section 155.4202(H) [Family Community Residence Standards] of the City's Code of Ordinances in order to utilize the subject property (Zoning District: RS-3) for a family community residence located less than 220 linear feet from an existing family community residence rather than at least 660 linear feet as required by code.

The property is located on the west side of NE 2nd Avenue, between SE 27th Street and SE 29th Street.

ZONING REGULATIONS
155.4202. RESIDENTIAL: HOUSEHOLD LIVING USES
...
H. Family Community Residence
1. Districts Where Permitted

RS-1
RS-2
RS-3
RS-4
RS-L
RD-1
RM-7
RM-12
RM-20
RM-30
RM-45
MH-12
B-1
B-2
B-3
B-4
P
P
P
P
P
P
P
P
P
P
P

P
P
P


M-1
CR
I-1
I-IX
OIP
M-2
TO
PR
CF
PU
T
BP
RPUD
PCD
PD-TO
LAC
PD-1






P





P
P
P
P
P

2. Definition
A family community residence is a community residence that provides a relatively permanent living arrangement for people with disabilities where, in practice and under its rules, charter, or other governing document, does not limit how long a resident may live there. The intent is for residents to live in a family community residence on a long-term basis, typically a year or longer. Oxford House is an example of a family community residence.
3. Standards
a. Except as required by Chapter 419 state law, a family community residence shall be allowed as of right in the designated zoning districts, when:
i. It is...

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