Planning staff recommends denial of Variance 1388 and adoption of the findings of the review criteria.

This is a request to allow a variance from Section 27-305, Table 27-300.4 requiring a 10-32 foot front build-to zone to allow a front build to zone of 10-45 feet in the Mid-Century Neighborhood (N2) zone, on Lots 9-A and 10-A, Block 15, Amended Plat of Lots 7-11, Block 15 of Lampman Sub., S12, T01 S, R25 E. Lot 9-A is 10,481 square foot parcel of land & Lot 10-A is a 10,482 square foot parcel of land. The purpose of the variance is to allow the duplex residential dwellings proposed for the sites in a build-to zone at 10-45 feet.

The build-to zone, when required, is designated separately for each street frontage, front and street-side, in the site and structure regulations table for each district. Façade elements such as front door(s), windows on the ground floor and a percentage of the front façade must be within the build-to zone as shown in the site and structure regulations table for each district. The N2 zone district requires 60% of the front facade width, the front door, and the 60% of the ground floor window area within the front build-to zone. Build-to zones are ideal because they provide flexibility to allow for most types of site design characteristics, but enough predictability to make a street or neighborhood feel consistent. 

The applicant applied for a building permit for 3030/3032 Rosebud with the front door located behind the required build to zone (at about 45 feet from the front property line) and was notified they had to make the correction with the front door between 10 and 32 feet. They made corrections depicting the front entrance and living space within what was originally part of the garage to accommodate this requirement.  The permit was approved (copy in attachments) with these corrections, indicating the plans can be modified to accommodate the current code requirements. 

Planning staff is recommending denial based on the findings of the variance criteria to increase the front build-to area to allow the front door and living area of a new residence to be more than 32 feet from the front property line. 

APPLICATION DATA
OWNERS: Lais Development, LLC
AGENT: Barbara Hawkins
PURPOSE: Allow build to zone 10- 45 feet. 
LEGAL DESCRIPTION: Lots 9-A & 10-A, Block 15, Lampman Sub.
ADDRESS: 3030/3032 and 3020/3022 Rosebud Dr.
EXISTING LAND USE:  Vacant
PROPOSED LAND USE: Residential two-family
EXISTING ZONING: N2

CONCURRENT APPLICATIONS
None

APPLICABLE ZONING HISTORY
See attachments

SURROUNDING ZONING & LAND USE
NORTH: Zoning: Mid-Century Neighborhood Residential (N2)
Land Use: Residential single family
SOUTH: Zoning: Corridor Mixed-Use 1 (CMU1) & Corridor Mixed-Use 2 (CMU2)
Land Use:  Bank and Auto sales lot
EAST: Zoning:  N2
Land Use: Residential single family
WEST: Zoning: N2
Land Use: Residential single family

Planning staff notified adjacent property owners within 150 feet by mail, posted the property, and published the legal ad as required. As of the date of this staff report, one phone call was received regarding the variance.  The resident was concerned about the development of the duplexes and had comments on the existing duplexes being unsafe and rundown. The Board of Adjustment will hold a public hearing prior to acting on the request.

• Approve the requested Variance 1388 and amend the findings of fact for the criteria with conditions; 
• Approve the requested Variance 1388 and amend the findings of fact for the criteria with no conditions; 
• Deny the requested Variance 1388 and adopt the staff recommended findings of fact of the criteria; 
• Allow the applicant to withdraw the variance request; or 
• Delay action on the variance application to a future Board of Adjustment meeting.

Approval or denial of the proposed variance will have no effect on the Planning Division budget.
 

Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)

1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
No special circumstances have been identified for this request beyond the applicant’s preference to construct a duplex with front doors located outside the required 10–32-foot build-to zone. The applicant has not demonstrated a property-related hardship and instead proposes to place the primary entry approximately 45 feet from the front property line, with the garage projecting in front of the entry. As proposed, the structure cannot meet the build-to zone requirements, as the front door location, the required 60% ground-floor window area, and 60% of the front façade would be situated too far from the front property line. The dwelling can be designed to comply with the existing zoning regulations (as demonstrated by the approved building permit the applicant received after modifying the design), and there are no topographical or other site constraints that would prevent compliance.

2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
Approval of the variance would grant the applicant a privilege not commonly enjoyed by other properties in the same zoning district. While variances for build-to zones have been approved within the City in the past on Lots 5, 6, 10, and 11, Block 1 of the Founders Park Subdivision, those approvals were based on demonstrated hardships related to lot size and shape of the parcels. Other variances granted in comparable districts were approved under the previous zoning code and were primarily related to lot coverage and setback standards (see attached history for additional information).

A literal interpretation of the zoning provisions would not deprive the applicant of rights commonly enjoyed by other properties in the district. Therefore, denial of a variance to allow a build-to zone of 10–45 feet would not constitute a deprivation of rights. Development on other lots within this subdivision has proceeded in accordance with zoning requirements. On this block of Rosebud, six single-family homes and two duplexes have been constructed, all prior to 2020, and all in compliance with the zoning regulations in effect at the time. The single-family homes generally reflect the intent of the current zoning code as well.  Of the eight existing dwellings, three have entrances located approximately 30 feet from the front property line, consistent with current requirements. The remaining five structures appear to have the front entrance set back approximately 40 feet, placing them closer to compliance than the applicant’s requested 10–45 foot build-to range. Multiple vacant parcels on this block also remain capable of meeting the current zoning code and the intent of the build-to zone.

3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
Consistent with the analysis in Criteria 2, denial of the requested variance for a 10–45 foot build-to zone would not confer a special privilege. Although several existing structures in the subdivision do not meet current build-to requirements, this does not establish a basis for extending nonconforming development patterns. No variances for build-to zone standards have been granted in this subdivision or in surrounding neighborhoods. Approving the applicant’s request would therefore grant a special privilege not afforded to other properties within the same zoning district and would be inconsistent with the intent of the code.

4) That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The requested variance is not in harmony with the general purpose and intent of the zoning regulations or the Growth Policy. While the existing residential structures in the subdivision do not fully conform to current standards, this does not justify a variance from the current zoning standards, as those structures were built prior to the zoning code regulation changes. In fact, the existing homes are generally closer to meeting current code requirements than the applicant’s proposal, which would place the primary entrance approximately 45 feet from the front property line.

The variance would not support the intended development pattern of the N2 zoning district, which emphasizes walkable, pedestrian-oriented residential neighborhoods. The proposed structure is out of character with the surrounding development pattern. Evaluating a single structure for full Growth Policy compliance is challenging; however, the Growth Policy prioritizes the development of strong, safe neighborhoods. A design that does not comply with zoning requirements and features a prominent garage with a recessed front entrance significantly behind the front façade can create conditions that are less desirable from a neighborhood safety and design standpoint.

SECTION 27-1627.E
1.)    Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
    Minutes will be recorded in the permanent file when completed.

2.)    In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter; 
If the Board chooses to approve Variance #1388, Staff is recommending the following conditions for the variance request;

1.  The variance is to allow a variance from Section 27-305, Table 27-300.4 requiring a 10- 32 foot build to zone to allow a front build to zone of 10-45 feet. No other variance is intended or implied with this approval. 
2. The variance is limited to Block 15, Lots 9A & 10A, Lampman Subdivision.
3. The site will be developed in substantial conformance to the site plan submitted. 
4. The applicant shall meet all other city code requirements with the exception of this variance.
5. The property owner must submit and receive approval of building permits within 1 year of approval of this variance, and complete construction on the lots within 2 years.
6. Failure to complete the requirements of these conditions shall void the variance.
7. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

3.)    The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
    There would be no time limit with a recommendation of denial. If approved, the property owner must submit and receive approval of building permits within 1 year of approval of this variance, and complete construction on the lots within 2 years.

4.)    Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
Granting this variance will not approve a use that is not otherwise allowed in the N2 zoning district. Single family and two family residential structures are allowed in the N2 zone district.