Location: 100 Good Neighbor Place

ZBA Request: To allow the construction of an Assisted Living Facility to exceed the 35 foot height limitation in a C-2 District.  Zoning Code states that maximum building height shall not exceed 35 feet above ground level. The petitioner is requesting to construct a two story building with a building height of 43 feet which would require a building height variance of 8 feet.

Background: The property is zoned C-2 and is 2.79 acres in size.  The petitioners are requesting to construct a two story building with a height of 43 feet. Maximum Building Height in the Zoning Code states that: 

 No building shall exceed a height of Thirty‑Five (35) feet above ground level, except as hereinafter provided in subparagraphs (1) and (2). The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding there from those exceptions contained in §154.173.

1.  The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides for one (1) foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed Sixty (60) feet.  No assisted living facility, senior independent housing, or skilled nursing facility may exceed thirty-five (35) feet above ground level.

2. Any building or structure that exceeds thirty-five (35) feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon. 

Staff's Observations: While Zoning Code requires a 20 foot rearyard setback, the building is proposed to be 29 feet from the rear property line that abuts the residential neighborhood.    If this were any other building allowed in a C-2 District, the building could increase to 60 feet if the required additional setback were provided.  A building with 9 additional feet of setback would allow the building height to be increased by 9 feet which is one foot more than what the petitioner is proposing.  Although the requested height of the building is more than allowed by code, staff feels that the additional height of the building will not be intrusive to the residential neighborhood to the north.

 In addition, in June of 2006, the ZBA unanimously recommended and the City Council unanimously approved a 12 foot variance in building height for the Supportive Living Facility located at 1110 Newcastle Road.  While that facility is not contiguous with a residential use, it is surrounded by residential zoned properties and has residential uses across the street. 

Staff Recommendation: Staff recommends approval to the City Council for an 8’ variance in building height.