Variance - 1307 – 2133 Fairview Place – A variance from Section 27-308, requiring a 20-foot front setback to allow a 10-foot setback in a Residential-9600 (R-96) zone, on Lot 11A, Block 7, Country Club Heights Sub., a 22,491 square foot parcel of land. The purpose of the variance is to allow a dwelling to be constructed closer to the front property line.  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
2239 Fairview Place	804	9/1999	Garage SB 5’10” Front SB 3’	Yes No	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
2239 Fairview Place	1297	8/7/19	Front SB to 10	Yes	New SFD

NORTH: Zoning: Public
Land Use: Public Park (rimrocks)
SOUTH: Zoning: R-96
Land Use: Residential Single Family
EAST: Zoning: R-96
Land Use: Residential Single Family
WEST: Zoning: R-96
Land Use: Residential Single Family

The applicant is requesting a variance from Section 27-308, requiring a 20-foot front setback to allow a 10-foot setback in a Residential-9600 (R-96) zone. The purpose of the variance is to allow a dwelling to be constructed closer to the front property. The north half of the lots in this area 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 encroached into the setback area without a variance approval, and 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. Covenants and restrictions are not enforced by the City, but if a covenant is less stringent than a local code, the more restrictive requirement applies. Many surrounding homes were built in the late 1950s and early 1960s prior to annexation and zoning in the city limits. It appears many of the homes on this portion of Fairview Place have been built to the 10-foot front setback line. Staff has received one letter in support of the variance (see attachment).

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;
The property is located in the Country Club Heights Subdivision. Although the lot is much larger than required by zoning in R-96 zone, the buildable area is quite restricted due to the extreme topography on the north end of the lots. The topography of the lot creates a hardship that is not applicable to other lots in the same district since most surrounding homes were built prior to the current zoning (1972). These surrounding homes were specifically allowed a 10-foot front setback by the subdivision covenants in place prior to zoning.
 
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;
The subject property is in a subdivision where the majority of the homes were constructed between 1960 and 1970. Many were set back 10 feet from the front property line as allowed by the covenants in place at the time prior to zoning. Denying the variance would deprive this owner of rights commonly enjoyed by other lots in the area and 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;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area and many adjacent homes encroach on the required zoning setbacks without the benefit of a zoning variance.
 
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;
The variance is in harmony 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 the following conditions for the variance request:

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 Lot 11A, Block 7 of Country Club Heights Subdivision, generally located at 2133 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. 
4. The applicant shall receive approval for a building permit within one (1) year of Board approval. Construction shall be completed within three (3) years of Board approval.
5. There will be no construction activity (including grading or equipment operation) before 7 am or after 8 pm daily.
6. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
7. All construction will require compliance with all other zoning regulations and City ordinances that apply at the time of construction.
8. 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; 
The recommended conditions of approval require the approval of a building permit within 1 year and completion of the improvements within 3 years of Board approval.
 
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 – residential dwellings are an allowed use in the R-96 zone.
 

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.