c.
City Board of Adjustment
- Meeting Date:
- 08/07/2019
- SUBJECT
- Variance 1299 - 2325 Central Avenue
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Variance 1299 - 2325 Central Avenue. The applicant is requesting a variance from Section 27-602(b) requiring a minimum setback of 60 feet from the centerline of Central Avenue (a principal arterial street) to allow 54 feet, and from section 27-310(g)(2) requiring a maximum of 4 feet permitted projection into the front setback to allow 6 feet, in a Community Commercial (CC) Zone, on the east 130 feet of Lot 3, Block 12, Sweet Acres Sub. 6th Filing, a 22,495 square foot parcel of land. The purpose of the variance is to allow an outside covered patio 54 feet from the centerline of an arterial street. Presented by; Karen Husman, Planner I.
RECOMMENDATION
Staff recommends denial.
APPLICATION DATA
OWNERS: Genia Gale Demis
AGENT: Regina Griemsman
PURPOSE: Encroach into arterial setback & allow a 6’ permitted projection in the front setback
LEGAL DESCRIPTION: the east 130 feet of Lot 3, Block 12, Sweet Acres Sub. 6th Filing
ADDRESS: 2325 Central Avenue
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: CC
AGENT: Regina Griemsman
PURPOSE: Encroach into arterial setback & allow a 6’ permitted projection in the front setback
LEGAL DESCRIPTION: the east 130 feet of Lot 3, Block 12, Sweet Acres Sub. 6th Filing
ADDRESS: 2325 Central Avenue
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: CC
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY |
|||||
| 2002 Howard Ave | 257 | 7/7/80 | Side SB 3’ | Y | |
| 1912 Howard Ave | 138 | 6/6/77 | Side SB 3’ | Y |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Residential- 6000
Land Use: Church
SOUTH: Zoning: CC
Land Use: Commercial
EAST: Zoning: CC
Land Use: Commercial
WEST: Zoning: CC
Land Use: Commercial
Land Use: Church
SOUTH: Zoning: CC
Land Use: Commercial
EAST: Zoning: CC
Land Use: Commercial
WEST: Zoning: CC
Land Use: Commercial
BACKGROUND
The applicant is requesting a variance from Section 27-602(b) requiring a minimum setback of 60 feet from the centerline of Central Avenue (a principal arterial street) to allow a 54-foot setback, and from section 27-310(g)(2) requiring a maximum of 4 feet permitted projection into the front setback to allow six feet. The purpose of the variance is to allow an outside covered patio 54 feet from the centerline of an arterial street. Tax ID: A20203.
There is no hardship other than one created by the owner and building designer. The covered patio area was constructed without a permit. There are no topographical issues that would prevent the construction in accordance to the required setback restrictions. Staff did not find other property in the area with similar or comparable setbacks that encroach into the arterial setback area. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
There is no hardship other than one created by the owner and building designer. The covered patio area was constructed without a permit. There are no topographical issues that would prevent the construction in accordance to the required setback restrictions. Staff did not find other property in the area with similar or comparable setbacks that encroach into the arterial setback area. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
SUMMARY
DETERMINATIONS FOR VARIANCE 1299
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;
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.
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;
There are no special conditions or circumstances that exist which are peculiar to the land, the lot or something inherent in the land which causes a hardship. The hardship is caused by building into the arterial setback without adequate research or permits.
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;
Denying the variance would deprive the applicant the ability to build a covered patio in the location they have chosen. There is adequate space to build a covered patio area without encroaching into the setback.
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;
The variance would allow the applicant to build into the setback and arterial setback, a special privilege not generally enjoyed in this neighborhood and area along Central Avenue.
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;
Staff is recommending denial of the variance, however granting the variance does not conflict with the general purpose and intent of the zoning regulations and 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;
Staff is recommending denial for this variance, no conditions are recommended.
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;
Staff is recommending denial of the variance so a time limit to complete the construction is not necessary.
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.
The granting of this variance would not allow a use that is not allowed in the zoning district – patios and projections are allowed in the CC zone.
RECOMMENDATION
Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request 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.