Planning staff recommends conditional approval based on the proposed findings of the review criteria for Variance 1342.

This is a variance request from Section 27-306 (Table 27-300.5) requiring a minimum of 65 feet in lot width for each principle structure in a Suburban Neighborhood (N3) zone district. The lot is legally described as Lot 11, Block 4 of Bridger Square Subdivision, 7th filing and is generally located at 2622 Rimrock Road. The parcel is 12,607 square feet in area and is developed with one residential dwelling and a detached 2-car garage to the rear of the property. The request for the variance will allow the demolition of the existing detached garage and construction of a new principal structure with a four-car garage, and living space on the first and second floor. The structure is proposed to have four bedrooms on the second floor, with the kitchen, living room, dining room and entry mud-room on the first floor. The existing detached garage is set 5 feet from the rear property line. The proposed new structure is set 12 feet from the rear property line. The existing detached garage is 600 square feet. The proposed new structure has a foot-print of 2,218 square feet. The existing lot coverage is about 18% and the proposed lot coverage will be 28%. The parcel shares a driveway with the property directly to the east (see attached photos). This development should not affect the utility of this shared driveway. Krysta Buska is the owner of the subject property.

The previous zoning of this area was R-96, a similar zone to the new zone district of N3. Both districts only allow single family dwellings and have minimum required setbacks. The new district does not require a minimum lot area but does require at least 65 feet of lot width on the street frontage for each single family dwelling on the lot. This lot is 84.5 feet wide at Rimrock Road. The previous zoning required a minimum lot area of 9,600 square feet for each dwelling. The city has only reviewed one request in the immediate area to reduce the lot-area requirement from 9,600 square feet. This request in 1986, was for property located at 2625 Poly Drive. The City Council, acting as the Board of Adjustment at that time, denied the request. There have been previous variances granted to similar properties in similar neighborhoods. These properties were requesting to construct a second dwelling unit or divide a parcel for another dwelling unit at 2405 Rosewyn Lane, 2222 Virginia Lane, and 2230 Poly Drive. Four additional lot area variances were granted for existing single family residences at 2401 and 2405 Sunnyview Lane, 3112, 3116 and 3120 Solar Boulevard, 2607 Copper Blvd and 429 Nelson Drive.

The proposed second dwelling appears to meet all the N3 zone district requirements except for the lot width regulation. Structures up to 34 feet in height or three stories are allowed, and the proposed 2-story structure will be less than 30 feet in height (grade to roof peak). The building will be approximately 60 feet in length east to west and about 42 feet in width north to south. The proposed site plan also shows a 26.5 foot separation between the attached deck on the front house and the new structure. Most of this area appears to be paved for vehicles to enter and exit the new garage spaces. There are also subdivision lots in the immediate neighborhood created during the previous zoning that were less than the minimum lot area of 9,600 square feet. These include multiple lots in the Roy Jones Subdivision (Oxford Drive), Country Club Heights, Williams Subdivision (Hoover Ave), Cadwell and Carol Subdivisions (Stinson and Beech) and Bridger Square Subdivision.

Most dwellings in the immediate neighborhood are single story or 1.5 stories in height. The dwelling directly to the south (2729 E. Bridger Drive) has a modified 2nd story with a combined Cape Cod and Halifax saltbox roof-line. From the front the home appears to have a half story with the two Cape Cod dormer windows but the rear of the home has a Halifax style dormer and a full second story roof- line (see attached photos). The proposed full 2-story structure on the subject property will be different from most other structures in the area. Planning staff is proposing conditions of approval to help mitigate the impact of this 2-story structure height. There is no covenant or restriction in this subdivision that would disallow this height, but the request for the variance allows the Board of Adjustment to mitigate any potential impact from the proposed new construction allowed by the variance.

APPLICATION DATA
OWNER: Krysta Buska
AGENT: None
PURPOSE: To allow the construction of a new principal structure
LEGAL DESCRIPTION: Lot 11, Block 4, Bridger Square Subdivision, 7th filing
ADDRESS: 2622 Rimrock Road
SIZE OF PARCEL: 12,607 square feet
ZONING: N3
EXISTING LAND USE: One dwelling and one detached 2-car garage
PROPOSED LAND USE: Two dwellings with a four-car attached garage on the second dwelling

SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3 Land Use: One unit dwellings
SOUTH: Zoning: N3 Land Use: One unit dwellings
EAST: Zoning: N3 Land Use: One unit dwellings
WEST: Zoning: N3 Land Use: One unit dwellings

Planning staff is recommending conditional approval based on the proposed findings for the criteria for variances. Staff is recommending a re-orientation of the new structure. The long axis of the building will be north to south and located 5 to 10 feet from the west property line. The garage doors will face east. There are no underground utility lines that run through the backyard and this can be accomplished without a re-design of the proposed structure. This will also preserve the view shed from the south to the north. 

Planning staff received a phone call from the property owner and neighbor at 2729 East Bridger Drive, the property directly south of the subject property. The owner was concerned with the proposed orientation and height of the proposed new building. No other contact from surrounding owners was received. No city staff expressed concern with the proposed variance.

The Board of Adjustment may:

• Approve the requested variance with conditions as recommended by the Planning staff;
• Approve the requested variance with amended conditions;
• Approve the requested variance with no conditions;
• Deny the requested variance with amended findings of fact of the criteria;
• Allow the applicant to withdraw the variance request; or
• Delay action on the variance to a future BOA meeting.

Approval or denial of the requested variance will have no financial effect on the Planning Division budget.

Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
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 circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same N3 zone district and in the same neighborhood. The shape of the lot is regular and there is no topography that prevents the owner from using the property in compliance with the zoning regulations. The lot was created prior to the 1972 zoning regulations that required at least 9,600 square feet of lot area for each dwelling unit. The updated regulations adopted in early 2021, allow one principal structure (one dwelling unit) for each 65 feet of lot width. The lot is 12,607 square feet and has 84.5 feet of lot width at the street frontage. The new zoning regulations also allow property owners to apply for variances from the numeric limitations of the code. 

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 Board of Adjustment has granted three similar variances in similar areas to add dwelling units to lots that were less than 19,200 square feet. The BOA also granted four variances for similar properties where two dwelling units already existed. These variances were to allow financing and insurance for those properties. There are many lots within the immediate area that are less than the required lot area (previous code) or lot width (new code). Denial of this variance would deprive this applicant of rights commonly enjoyed by other property within the area and in the same district. 

3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a number of variances from the previous lot area requirement and other land in the same area also has less than the required lot area or lot width without benefit of a variance.

4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance will meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy.

Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code;
Staff is recommending several conditions for the variance request:
1. The variance is to reduce the required lot width from 130 feet for two principal structures to 84.5 feet to allow the construction of a second principal structure on the legally described property at 2622 Rimrock Road and no other variance is intended or implied.
2. The applicant will re-orient the new building with the long axis running north to south and setback at least 5 feet but no more than 10 feet from the western property line. (See attached amended site plan)
3. The north side of the new building will be a minimum of at least 5 feet from the existing deck on the front house.
4. The south side of the new building will be a minimum of 12 feet from the south property line.
5. The applicant will apply for a building permit within 18 months of Board conditional approval and complete the construction within 18 months of issuance of the building permit.
6. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
7. 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.

3) 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 the applicant have 18 months to submit a building permit application and 18 months to complete the project after issuance of the building permit.

4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Dwellings are allowed uses in this zone district.