b.
City Board of Adjustment
- Meeting Date:
- 03/07/2018
- SUBJECT
- Variance #1276 – 2220 Virginia Lane/501 Chancery Lane
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance #1276 – 2220 Virginia Lane/501 Chancery Lane -The applicant is requesting a variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a front setback of 13 feet and from Section 27-602(a) requiring a minimum 70-foot setback to the centerline of a minor arterial street (Virginia Lane) to allow a 43-foot setback to the centerline in a Residential 9,600 (R-96) zone. The property is Lot 2, Black Acre Subdivision, and Lot 7 of Black Acre Subdivision 2nd Filing, a 31,425 square foot parcel of land. The purpose of the variance is to allow the construction of a new detached garage. Tax IDs: A03134 and A03137B. Presented by Karen Husman, Planner I.
RECOMMENDATION
Staff recommends denial based on the determinations for variance review.
APPLICATION DATA
OWNERS: Molly & Brian Harrington
PURPOSE: The purpose of the variance is to allow the addition of a detached garage 13’ from the property line, and completely within the arterial setback.
LEGAL DESCRIPTION: Lot 2, Black Acre Sub. & Lot 7 of Black Acre Sub.2nd Filing
ADDRESS: 501 Chancery Lane & 2220 Virginia Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96
PURPOSE: The purpose of the variance is to allow the addition of a detached garage 13’ from the property line, and completely within the arterial setback.
LEGAL DESCRIPTION: Lot 2, Black Acre Sub. & Lot 7 of Black Acre Sub.2nd Filing
ADDRESS: 501 Chancery Lane & 2220 Virginia Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
Subject Property – None
Surrounding Property
City Variance 30 and 37 – 1055 and 1065 O’Malley Drive - Approved on February 25, 1975 and April 29, 1975 – A variance to allow a decrease in lot area to 7,200 sf and a 0-foot side setback to construct a duplex dwelling in an R-96 zone
City Variance 1065 – 903 Princeton – Conditionally approved on November 4, 2009 – A variance to reduce the minimum lot area from 19,200 sf to 7,000 sf for 2 existing single family dwellings in an R-96 zone.
City Variance 1118 - 2220/2222 Virginia Lane - Conditionally approved a second dwelling on a lot area of 15,500 square feet where 19,200 square feet is required.
City Variance 200 - 439 Grandview Blvd - Conditionally approved a reduction of the arterial centerline setback from 70 feet to 35 feet.
City Variance 291 - 3020 Grandview Blvd - Conditionally approved a reduction of the arterial centerline setback from 70 feet to 48 feet.
City Variance 617 - All lots in the Suburban Homes Addition Subdivision adjacent to 5th St West (Virginia Lane) were granted a reduced arterial centerline setback from 70 feet to the standard side adjacent street setback from property line (10 feet).
There have also been 9 other variances in the surrounding neighborhood that were granted for reduced setbacks; 1 for a front setback and 8 for rear setbacks.
Surrounding Property
City Variance 30 and 37 – 1055 and 1065 O’Malley Drive - Approved on February 25, 1975 and April 29, 1975 – A variance to allow a decrease in lot area to 7,200 sf and a 0-foot side setback to construct a duplex dwelling in an R-96 zone
City Variance 1065 – 903 Princeton – Conditionally approved on November 4, 2009 – A variance to reduce the minimum lot area from 19,200 sf to 7,000 sf for 2 existing single family dwellings in an R-96 zone.
City Variance 1118 - 2220/2222 Virginia Lane - Conditionally approved a second dwelling on a lot area of 15,500 square feet where 19,200 square feet is required.
City Variance 200 - 439 Grandview Blvd - Conditionally approved a reduction of the arterial centerline setback from 70 feet to 35 feet.
City Variance 291 - 3020 Grandview Blvd - Conditionally approved a reduction of the arterial centerline setback from 70 feet to 48 feet.
City Variance 617 - All lots in the Suburban Homes Addition Subdivision adjacent to 5th St West (Virginia Lane) were granted a reduced arterial centerline setback from 70 feet to the standard side adjacent street setback from property line (10 feet).
There have also been 9 other variances in the surrounding neighborhood that were granted for reduced setbacks; 1 for a front setback and 8 for rear setbacks.
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-96
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: R-96
Land Use: Residential
WEST: Zoning: R-96
Land Use: Residential
BACKGROUND
The applicant is requesting a variance from the requirement of a minimum garage setback of 20 feet to allow a setback of 13 feet and from Section 27-602(a) requiring a minimum 70-foot setback to the centerline of a minor arterial street (Virginia Lane) to allow a 43-foot setback to the centerline in a Residential 9,600 (R-96) zone, on Lot 2, Black Acre Subdivision, and Lot 7 of Black Acre Subdivision 2nd Filing, a 31,425 square foot parcel of land. The purpose of the variance is to allow the construction of a new detached garage.
Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request to reduce the front setback and arterial setback based on the criteria for variances as presented within this report. Staff finds that the proposed variance request does not meet the criteria for a variance. There is no hardship other than one created by the owner and building designer. The lot is large enough to accommodate the proposed garage in a location that meets the required setbacks. There are no topographical issues that would prevent the construction in accordance to the required setback restrictions.
The applicant states that if placed 20 feet back from the property line, the structure would be too close to the existing residence. The applicant also states there was a similar project completed on 2222 Virginia Lane. The variance approval for that property was for the rear setback - not the front setback or arterial setback. Staff did not find other property in the area with similar or comparable setbacks of 13 feet from the front property line. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request to reduce the front setback and arterial setback based on the criteria for variances as presented within this report. Staff finds that the proposed variance request does not meet the criteria for a variance. There is no hardship other than one created by the owner and building designer. The lot is large enough to accommodate the proposed garage in a location that meets the required setbacks. There are no topographical issues that would prevent the construction in accordance to the required setback restrictions.
The applicant states that if placed 20 feet back from the property line, the structure would be too close to the existing residence. The applicant also states there was a similar project completed on 2222 Virginia Lane. The variance approval for that property was for the rear setback - not the front setback or arterial setback. Staff did not find other property in the area with similar or comparable setbacks of 13 feet from the front property line. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
RECOMMENDATION
Staff recommends Denial.