Variance 1287- 3230 Country Club Circle.  The applicant is requesting a variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a minimum front setback of 10 feet for a proposed new single family residence in a Residential 9,600 (R-96) zone on Lot 1A and Lot 2, Block 7, Country Club Heights Subdivision, a 20,824 square foot parcel of land. Variance 1117 was conditionally approved for these lots in 2012, but expired in 2015.  Presented by Karen Husman, Planner I.

Staff recommends conditional approval of the variance.       

OWNERS: Brian and Jolane Jones 
AGENT: None 
PURPOSE: To allow for the construction of a new single family dwelling 
LEGAL DESCRIPTION: Lots 1A and 2, Block 7, Country Club Heights Subdivision 
ADDRESS: 3230 Country Club Circle 
EXISTING LAND USE: Vacant 
PROPOSED LAND USE: New single family home 
LOT AREA: 20,824 square feet 
EXISTING ZONING: R-96

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3230 Country Club Circle	1117	4/2012	Front SB	Yes	Variance expired
SURROUNDING PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3221 Arvin Road	515	2/1987	Front SB to 2’	yes	New detached garage
2241 Fairview Place	800	7/1999	Front SB to 8’	Yes	New SFD
3025 Leann Blvd	859	1/2002	Front SB to 15’	Yes	Addition to existing SFD
3205 Green Terrace Dr.	1164	8/2013	Front SB to 10’	No	Proposed garage addition

NORTH:         Zoning: Public
                        Land Use: Rims and Park land
SOUTH:          Zoning: R-96
                        Land Use: Single family residences
EAST:             Zoning: R-96
                        Land Use: Single family residences
WEST:            Zoning: R-96
                        Land Use: Single family residence

The applicant is requesting a variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a 10-foot front setback to construct a new residential home. The lots are undeveloped and are the last vacant lots in this part of Country Club Heights Subdivision. The north half of these lots are vertical portions of the rimrocks. A 20-foot front setback is physically impossible due to the slope of the property north of the street. The property is bordered on the north by a public park encompassing the tops of the rims. The property encompasses two lots in the subdivision. There are similarly situated lots within this subdivision, some have encroachment into the setback area without a variance approval, some have variances on file. The original subdivision was platted in 1957 prior to current zoning.
 
The covenants and restrictions for the subdivision contemplated all the lots within Block 7 would need a decreased front setback due to topography. The covenants allow a 10-foot minimum front setback for all lots in Block 7. Many surrounding homes were built in the late 1950s and early 1960s prior to zoning. It appears many of the homes on this portion of Country Club Circle have been built to the 10-foot front setback line.
 
The BOA has granted similar variances in this area and there is a hardship with this lot related to the shape and topography. The Board approved Variance 1117 for the subject property in 2012 and set a time limit of 3 years to act on the variance. The previously approved variance conditions were not met and the approval expired in 2015.

Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval based on the criteria for variances as presented within this report. Staff finds that the proposed variance would provide the applicant similar rights that are enjoyed by other property in the neighborhood. Six similar variances have been granted in this area. The 10-foot front setback will not crowd the street and adequate off-street parking will be available in the driveway and the garage. There are similarly situated properties in the neighborhood.