a.
City Board of Adjustment
- Meeting Date:
- 07/01/2020
- SUBJECT
- City Variance 1312 - 2605 Emerson Place
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1312 - 2605 Emerson Place - The applicant is requesting a variance from 27-308 requiring an 8-foot side setback for a two-story structure, to allow a 3-foot side setback for a new attached garage in a Residential-9600 (R-96) zone, on Block 2, Lot 9, Highland Park Sub. 2nd Filing, a 12,046 square foot parcel of land. The purpose of the variance is to allow removal of an existing garage and shed to add an attached garage with added 2nd story (NOT an ADU). Presented by; Karen Husman, Planner I
RECOMMENDATION
Staff recommends conditional approval of the variance based on the review criteria detailed in the summary section of this memo.
APPLICATION DATA
OWNERS: Rocky & Christina Taylor
PURPOSE: Side setback of 3 feet for a new attached garage
LEGAL DESCRIPTION: Blk. 2, Lot 9, Highland Park Subd., 2nd Filing
ADDRESS: 2605 Emerson Place
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96
PURPOSE: Side setback of 3 feet for a new attached garage
LEGAL DESCRIPTION: Blk. 2, Lot 9, Highland Park Subd., 2nd Filing
ADDRESS: 2605 Emerson Place
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY | |||||
| 2511 Emerson Place | 872 | 7/2/02 | Side SB 3’ | Y | Attached garage addition |
| 925 Jackson | 1142 | 4/4/13 | Side SB 3’ | Y | New SFR |
| 7 Alderson Ave | 1143 | 4/4/13 | Side SB 3’ | Y | Existing structure |
| 415 Cook Ave | 1146 | 4/4/13 | Side SB 3’ | Y | Existing structures |
| 1014 N. 32nd St. | 1170 | 12/5/13 | Side SB 1’ | Y | Detached garage |
| 2604 Emerson Pl. | 1310 | 5/6/20 | Side SB 3’ | Y | Attached garage addition |
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
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
This variance is a request to allow a three foot setback from the side property line in an R-96 zone when an eight foot setback is required for a two story structure. The purpose of the variance is to allow the construction of a garage addition with an attic living space. The applicant is requesting the variance to allow removal of an existing attached garage and rebuilding a new larger garage.
There have been similar variances granted in the surrounding neighborhoods, granting the variance would not be out of character for the neighborhood. The BOA recently approved a similar variance directly across the street at 2604 Emerson Place.
There have been similar variances granted in the surrounding neighborhoods, granting the variance would not be out of character for the neighborhood. The BOA recently approved a similar variance directly across the street at 2604 Emerson Place.
SUMMARY
DETERMINATIONS:
Variance 1312
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 not any special circumstances that exist in this situation. The property owner would like to remove the old garage and rebuild a new garage to allow for more storage of vehicles as well as added living space that will not be an ADU.
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 much of the development occurred in the 1950’s. There have been similar variances granted in the surrounding neighborhoods, and in this neighborhood, directly across the street. Denying the variance 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;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area.
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. Approval of this variance would allow the applicant to remove the existing garage and build a new larger garage.
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:
Staff is proposing a time limit of one year to acquire building permit approval and two years to complete construction.
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 – single family dwellings with attached garages are allowed in the R-96 zone district.
Variance 1312
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 not any special circumstances that exist in this situation. The property owner would like to remove the old garage and rebuild a new garage to allow for more storage of vehicles as well as added living space that will not be an ADU.
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 much of the development occurred in the 1950’s. There have been similar variances granted in the surrounding neighborhoods, and in this neighborhood, directly across the street. Denying the variance 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;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area.
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. Approval of this variance would allow the applicant to remove the existing garage and build a new larger garage.
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:
- This approval is to allow a variance from Section 27-308 requiring a minimum 8-foot setback from the side property line in a Residential – 9600 (R-96) zone to allow 3 foot side setback for a two story structure (NOT AN ADU). No other variance is intended or implied.
- The variance is limited to Lot 9, Block 2, Highland Park Subdivision 2nd Filing, 2605 Emerson Place.
- The applicant will apply for and receive approval of a building permit within 1 year and complete construction within 2 years of BOA approval. Failure to meet the time limits of this condition will void the variance.
- There will be no construction activities prior to 7:00 am or after 8:00 pm daily.
- The owner will meet all required building codes, engineering codes and all other codes applicable at the time of Building Permit Application with the exception of this variance.
- 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.
Staff is proposing a time limit of one year to acquire building permit approval and two years to complete construction.
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 – single family dwellings with attached garages are allowed in the R-96 zone district.
RECOMMENDATION
Staff recommends conditional approval of the variance based on the review criteria detailed in the summary section of this memo.