Variance 1297 - 2239 Fairview Place.  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 20, Block 7, Country Club Heights Sub, a 22,861 square foot parcel of land. The purpose of the variance is to allow a 10-foot front setback to accommodate stairs and possibly front porch. Presented by Karen Husman, Planner I.

Staff recommends conditional approval of the variance.       

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
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
3230 Country Club Cir.	1117	10/2018	Front SB to 10’	Yes	New SFD
3230 Country Club Cir.	1287	10/2018	Front SB to 10’	Yes	New SFD

NORTH: Zoning: R-9600
Land Use: Residential Single Family
SOUTH: Zoning: R-9600
Land Use: Residential Single Family
EAST: Zoning: R-9600
Land Use: Residential Single Family
WEST: Zoning: R-9600
Land Use: Residential Single Family

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 home. The lot is undeveloped and is one of 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. 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.

DETERMINATIONS
The Board of Adjustment shall make the following determinations prior to granting a variance: 
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; 
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district; 
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district; 
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy; 
5. 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; 

1. The variance is to decrease the required front setback from 20 feet to 10 feet for the purpose of constructing a single family dwelling. No other variance is intended or implied with this approval. 
2. The variance is limited to on Lot 20, Block 7, Country Club Heights Subdivision, generally located at 2239 Fairview Place. 
3. The site shall be developed in substantial conformance to the site plan presented to the BOA, that reflects the 10 foot front setback.  No other nonconformity shown on the site plan is/are considered with this variance approval.
4. The applicant shall receive approval for a building permit within six months of Board approval. Construction shall be completed within eighteen months of Board approval. 
5. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
6. All construction will require compliance with all other zoning regulations and City ordinances that apply at the time of construction. 
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. 

6. 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; 
7. 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. 

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.