B.
City Board of Adjustment
- Meeting Date:
- 05/06/2015
- SUBJECT
- Variance #1215 - 503 Avenue D
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
Item #2: Variance #1215 – 503 Avenue D, Lot coverage, setbacks: The applicant is requesting a variance from 27-308 requiring a minimum side setback of 8 feet for a 2-story structure to allow a minimum side setback of 3 feet; from 27-308 requiring a minimum rear setback of 15 feet to allow a minimum setback of 3 feet; and from 27-308 requiring a minimum lot area of 13,000 square feet for a 2-family dwelling and a single family dwelling on an undivided lot in a Residential Multi-family-Restricted (RMF-R) zone, Lot 1 of Block 1 Pioneer Park Subdivision, an 8,338 square foot parcel of land. The variance would allow the construction of 1 new single family dwelling. Tax ID: A12852, Rusty and Tiffany Gackle, Pauline Gackle owners
RECOMMENDATION
Staff is recommending Conditional Approval.
APPLICATION DATA
| OWNER: Rusty and Tiffany Gackle, Pauline Gackle | |
| AGENT: None | |
| LEGAL DESCRIPTION: Lot 1, Block 1, Pioneer Park Subdivision | |
| ADDRESS: 503 Avenue D | |
| CURRENT ZONING: Residential Multi Family - Restricted (RMF-R) | |
| EXISTING LAND USE: Residential | |
| PROPOSED USE: Residential | |
| SIZE OF PARCEL: 8,338 Square Feet |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
There have been 6 variance requests in this subdivision, 5 of the 6 variances have been granted. The requests ranged from required setbacks, lot coverage, detached structure wall height, and lot size too small for multiple dwelling units. The one that was denied was for a 4-plex on a very small lot.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: RMF-R Land Use: Residential/Multi Family |
| SOUTH: | Zoning: Residential 6000 (R-60) Land Use: Residential |
| EAST: | Zoning: RMF-R Land Use: Residential/Multi Family |
| WEST: | Zoning: R-60 Land Use: Residential/Multi Family |
BACKGROUND
REASONS
The applicant is requesting a variance from Section 27-308 requiring a minimum side setback of 8 feet for a 2-story structure to allow a minimum side setback of 3 feet; from 27-308 requiring a minimum rear setback of 15 feet to allow a minimum setback of 3 feet; and from 27-308 requiring a minimum lot area of 13,000 square feet for a 2-family dwelling and a single family dwelling on an undivided lot in a Residential Multi-family-Restricted (RMF-R) zone. The variance would allow the construction of 1 new single family dwelling over a garage at 503 Avenue D. The existing lot area is 8,338 square feet. The Orion Data from the state show the original dwelling on this site was built in 1954.
The applicant is before the Board of Adjustments asking for a variance from rear and side setbacks and setback for a 2-story structure. This neighborhood is diverse with housing options. This block has 15 lots and 10 of those 15 lots have multifamily or multiple detached dwelling units on them. One of the 15 has a church located on it, leaving four lots with single family dwellings units on them. There are four lots with 4-plex units on them which in current zoning requires 10,000 square foot lots. Those four lots range in size from 6,696 square feet to 7,038 square feet. These 4-plexes were built in 1955 and 1956. In the future, these property owners may find they will be in need of a variance to either sell or refinance these structures.
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval of the request to reduce the side and rear setback and the setback for a 2 story building. The building north of this property is uphill and even though that structure and the structure on the subject property are both 2 stories, the one to the north is taller because of the grade change. The proposed new building will fit into the neighborhood where there are already quite a few housing choices and some of the buildings are on quite small lots. These three units, if the variance is approved, would be on a larger lot than the four 4-plex buildings on the same block along Avenue E.
After the property was posted, the applicant called to say that he believed the wrong site plan was submitted to the Planning Division. The one that they are going to use has the existing building and the new building connected with a breezeway. This would reduce the lot size required to 8,500 square feet instead of the advertised 13,000. The current lot size is 8,338, so this is a difference of 162 square feet. The setbacks requests would remain the same. Staff asked the applicant to supply us with the correct site plan and it is a separate attachment with this staff report. See the attachment labeled Corrected Proposed Site Plan.
At the time of the writing of this report staff has not heard any comments from surrounding neighbors.
RECOMMENDATION
Staff recommends conditional approval of the variance.
The applicant is requesting a variance from Section 27-308 requiring a minimum side setback of 8 feet for a 2-story structure to allow a minimum side setback of 3 feet; from 27-308 requiring a minimum rear setback of 15 feet to allow a minimum setback of 3 feet; and from 27-308 requiring a minimum lot area of 13,000 square feet for a 2-family dwelling and a single family dwelling on an undivided lot in a Residential Multi-family-Restricted (RMF-R) zone. The variance would allow the construction of 1 new single family dwelling over a garage at 503 Avenue D. The existing lot area is 8,338 square feet. The Orion Data from the state show the original dwelling on this site was built in 1954.
The applicant is before the Board of Adjustments asking for a variance from rear and side setbacks and setback for a 2-story structure. This neighborhood is diverse with housing options. This block has 15 lots and 10 of those 15 lots have multifamily or multiple detached dwelling units on them. One of the 15 has a church located on it, leaving four lots with single family dwellings units on them. There are four lots with 4-plex units on them which in current zoning requires 10,000 square foot lots. Those four lots range in size from 6,696 square feet to 7,038 square feet. These 4-plexes were built in 1955 and 1956. In the future, these property owners may find they will be in need of a variance to either sell or refinance these structures.
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval of the request to reduce the side and rear setback and the setback for a 2 story building. The building north of this property is uphill and even though that structure and the structure on the subject property are both 2 stories, the one to the north is taller because of the grade change. The proposed new building will fit into the neighborhood where there are already quite a few housing choices and some of the buildings are on quite small lots. These three units, if the variance is approved, would be on a larger lot than the four 4-plex buildings on the same block along Avenue E.
After the property was posted, the applicant called to say that he believed the wrong site plan was submitted to the Planning Division. The one that they are going to use has the existing building and the new building connected with a breezeway. This would reduce the lot size required to 8,500 square feet instead of the advertised 13,000. The current lot size is 8,338, so this is a difference of 162 square feet. The setbacks requests would remain the same. Staff asked the applicant to supply us with the correct site plan and it is a separate attachment with this staff report. See the attachment labeled Corrected Proposed Site Plan.
At the time of the writing of this report staff has not heard any comments from surrounding neighbors.
RECOMMENDATION
Staff recommends conditional approval of the variance.