Variance 1324-Lenhart Square PD Amendment- A variance from Lenhardt Square PD Exhibit “B” as amended increasing the maximum density from 10 units per acre to 17.2 units per acre and to allow a variance from parking in Article V.B.4. to reduce enclosed parking from 2 enclosed spaces per dwelling unit to .75 covered spaces per apartment dwelling in the PD-MF-4 zone, on Parcel 2A of C/S 2063, a 19.13-acre parcel of land. The purpose of the variance is to allow development to be more consistent with the PD-MFR zone. A previous variance (Variance 1282) was granted and this variance will amend those conditions of approval.  Tax ID: D00514A.  Presented by: Karen Husman, Planner I

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.  

OWNER: Lenhardt Farm, LLC, Lenhardt Enterprises, LLC, Lenhardt Property, LP
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: COS 2063, Parcel 2A
ADDRESS: NW of the intersection of Georgina Dr. & 44th St. W
CURRENT ZONING: Planned Development MF-4
EXISTING LAND USE: Vacant/Agricultural
PROPOSED USE: Residential Multi-Family
SIZE OF PARCEL: 19.13 acres

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
CS 2063 Parcel 2A	SR963	4/23/18	4 DU in MF-4	Y
	Var. 1285	5/2/18	Hgt 46’	Y

NORTH: Zoning: Agricultural Open Space (A-1)
Land Use: Agricultural
SOUTH: Zoning: Planned Development (PD)
Land Use: Agricultural and multifamily apartments
EAST: Zoning: Planned Development (PD)
Land Use: Multi-family
WEST: Zoning: Agricultural Open Space (A-1)
Land Use: Agricultural

The applicant is requesting a variance from Lenhardt Square PD Exhibit “B” as amended increasing the maximum density from 10 units per acre to 17.2 units per acre and to allow a variance from parking in Article V.B.4. to reduce enclosed parking from 2 enclosed spaces per dwelling unit to .75 covered spaces per apartment dwelling in the PD-MF-4 zone.

In 2008, the property was zoned to a Planned Development and annexed into the City. Adjacent properties to the south and east are also parcels within the Planned Development and identified as future multi-family housing which includes condominiums, townhomes and multifamily apartments. Apartments have already been constructed east and west of South 44th Street West on the parcel south of the subject property.  The property to the north and west is presently farmed and zoned Agricultural Open-Space and remains outside of city limits.  

Proposed DETERMINATIONS for Variance 1324;
 
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 Planned Development agreement restricts density and has minimum requirements for parking.  The PD agreement in this case makes allowances for parking and density changes in the MFR zone with a variance approval.
 
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 is for multi-family structures.  There have been other developments with multi-family housing in the area, constructed on the east and west of South 44th Street West, on the parcel south of the subject property. The request is to amend the PD for the number of parking spaces required per unit and allow more units per acre, increasing the allowed density in the district. Reducing the allowed number of covered parking per unit will not change the overall number of required parking spaces for the development.
 
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. Similarly developed property are in the area. The development is compatible with surrounding land uses. The property is annexed and located within an already approved PD which contemplates a variety of housing choices including multi-family. The adjacent parcels to the south and east are currently developing as multi-family housing with similar density.
 
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 complete the design of the planned development.
 
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 reduction in minimum lot size variance request:

1. The approval is for a variance from Lenhardt Square PD Exhibit “B” as amended increasing the maximum density from 10 units per acre to 17.2 units per acre and to allow a variance from parking in Article V.B.4. to reduce enclosed parking from 2 enclosed spaces per dwelling unit to .75 covered spaces per apartment dwelling in the PD-MF-4 zone. No other variance is intended or implied with this approval.
2. The variance is limited to Parcel 2A of C/S 2063.   
3. The applicant shall meet all other city code requirements for the PD with the exception of this variance.
4. 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; and
Amending the PD does not indicate a time for completion.
 
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 – multi-family dwellings are allowed in the PD.

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.