City Variance 1319 – 4749 Gold Creek Trail –The applicant is requesting a variance from Section 27-308 requiring a maximum 30% lot coverage in a Residential – 9600 (R-96) zone to allow 38% on Lot 14, Silver Creek Estates Sub., a 9,600 square foot parcel of land. The purpose of the variance is to allow minimum ADA requirements to build a single level home. Presented by: Karen Husman, Planner I

Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request to allow increase lot coverage, based on the determinations detailed in the summary section of this memo. 

OWNERS: Jackie Clement
AGENT: Jake Nienaber
PURPOSE: The purpose of the variance is to allow minimum ADA requirements to build a single level home.
LEGAL DESCRIPTION: Lot 14, Silver Creek Estates Sub
ADDRESS: 4749 Gold Creek Trail 
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY In adjacent neighborhoods
None

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

The applicant is requesting a variance from Section 27-308 requiring a maximum 30% lot coverage in a Residential – 9600 (R-96) zone to allow 38% on Lot 14, Silver Creek Estates Sub., a 9,600 square foot parcel of land. The purpose of the variance is to allow minimum ADA requirements to build a single level home. 

Staff is recommending denial of the variance request.  Staff did not find any other lot size variances in the district or surrounding subdivisions.  This is a newer subdivision, and allowing 38% lot coverage would allow the applicant a privilege not granted to others in the subdivision or surrounding areas withing the district. 

The applicant stated they are requesting the variance in order to comply with ADA requirements, however staff was unable to verify any ADA requirements for home square foot specifications.  The site plan submitted indicates the home can be modified to meet the 30% maximum restrictions for the R-96 zoning district and still meet the ADA standards for doorway width, hallway width and counter heights.

VARIANCE #1319 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;
There are not any special circumstances that exist in this situation other than the applicant would like to build a single level home with a maximum 38% lot coverage exceeding 30%.  The applicant sites an ADA requirement for a single level residential home, staff did not find a regulation requiring a specific square foot requirement for an ADA home.
 
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 newer subdivision with vacant parcels and homes newly constructed and under construction.  There have been no similar variances granted to exceed the lot coverage within the same district. Denying the lot coverage variance to allow 38% would not deprive the applicant of rights commonly enjoyed by other tracts in the same district. There are no other dwellings in the subdivision that are exceeding the 30% maximum lot coverage.
 
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 allow the applicant a special privilege denied by this chapter. There have not been any similar variances granted in the area.  The variance to allow 38% lot coverage would allow the applicant a special privilege that is denied by this Chapter for other land within the same 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 not in harmony with the general purpose and intent of the zoning regulations and the growth policy.  Granting a variance for 38% lot coverage is a significant increase in structure size. The lot is 9,600 square feet in size, so 38% lot coverage allows for a 3,600 square foot, foot print for a home.
 
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;   
There are no conditions for a recommendation of Denial.
 
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; and
No time limit is set for a recommendation of Denial.

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.




 

Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request to allow an increase lot coverage, based on the determinations detailed in the summary section of this memo.