|
Regular
|
| Board of Adjustment | |
| Date: | 04/05/2023 |
| Title: | City Variance 1364- 315 Cody Circle- Detached garage location, height, setbacks |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends denial of Variance 1364 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-305, Table 27-300.4 – A.7 (Rear Yard Location for Accessory Building), A.8 (Minimum Rear Setback of 3 feet), B.13 (Height of Accessory Structure), and Section 27-1803 (Detached accessory structure Requires 6-foot minimum separation) in an N2 zone district on Lot 27, Block 11, Meadowlark Subdivision, a 12,840 sf parcel of land. If approved, the variance will allow an existing detached accessory structure to remain in place.
The detached garage was constructed without an approved building permit. The N2 zone district requires a detached structure located in the rear yard, and a minimum of 3 feet from the rear property line and six foot minimum separation between structures. The building is three feet six inches from the residential structure and two feet ten inches from the rear property line in the side yard of the property. The building height is over 20 feet, and taller than the existing primary structure. Table 27-300.4. B. 13- Accessory building height shall be no larger than the principal building.
APPLICATION DATA
OWNERS: Scott & Jennifer Ireton
AGENT: Rose Burrows
PURPOSE: Allow a detached structure taller than the existing residential structure and less than required setbacks
LEGAL DESCRIPTION: Lot 27, Block 11, Meadowlark Subdivision
ADDRESS: 315 Cody Cir.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: N2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: N2
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: N2
Land Use: Residential
The detached garage was constructed without an approved building permit. The N2 zone district requires a detached structure located in the rear yard, and a minimum of 3 feet from the rear property line and six foot minimum separation between structures. The building is three feet six inches from the residential structure and two feet ten inches from the rear property line in the side yard of the property. The building height is over 20 feet, and taller than the existing primary structure. Table 27-300.4. B. 13- Accessory building height shall be no larger than the principal building.
APPLICATION DATA
OWNERS: Scott & Jennifer Ireton
AGENT: Rose Burrows
PURPOSE: Allow a detached structure taller than the existing residential structure and less than required setbacks
LEGAL DESCRIPTION: Lot 27, Block 11, Meadowlark Subdivision
ADDRESS: 315 Cody Cir.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: N2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: N2
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: N2
Land Use: Residential
STAKEHOLDERS
Planning staff has received three phone calls in opposition to the request from the surrounding property owners as of the date of this report. The Board of Adjustment will hold a public hearing prior to taking action on the item.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve the requested variance and adopt the recommended findings of the review criteria; or
- Deny the variance and adopt different findings of the review criteria; or
- Delay action on the variance to the next scheduled Board meeting; or
- Allow the applicant to withdraw.
FISCAL EFFECTS
The Planning Division budget will not be effected by the Board's decision on this variance.
SUMMARY
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.
In this situation there are no peculiarities to the land that would cause a hardship, the applicant simply would like a taller detached structure than allowed in the district. The building was constructed without the benefit of an approved building permit and does not meet the restrictions under the zoning district for detached structures. The structure is in the side yard and required to be in the rear yard, it is too close to the rear property line and to the principle structure, and it was constructed taller than the principle building.
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 applicant constructed this garage without benefit of an approved building permit and therefore is already out of compliance. There are not any other garages or detached structures in the area of similar, height and setbacks. The granting of this variance will confer a special privilege since there are no other similar garages in the subdivision. The N2 zone district requires a detached structure located in the rear yard, and a minimum of 3 feet from the rear property line and six foot minimum separation between structures. The building is three feet six inches from the residential structure and two feet ten inches from the rear property line in the side yard of the property. The building height is over 20 feet, and taller than the existing primary structure. Table 27-300.4. B. 13- Accessory building height shall be no larger than the principal building.
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.
Similar to criteria two, granting of this variance will confer a special privilege since there are no other similar garages of this height in the subdivision. The applicant constructed a garage located in the side yard, exceeding the height maximum allowance and located less than the minimum setback from the rear property line and between structures. 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.
In this situation there are no peculiarities to the land that would cause a hardship, the applicant simply would like a taller detached structure than allowed in the district. The building was constructed without the benefit of an approved building permit and does not meet the restrictions under the zoning district for detached structures. The structure is in the side yard and required to be in the rear yard, it is too close to the rear property line and to the principle structure, and it was constructed taller than the principle building.
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 applicant constructed this garage without benefit of an approved building permit and therefore is already out of compliance. There are not any other garages or detached structures in the area of similar, height and setbacks. The granting of this variance will confer a special privilege since there are no other similar garages in the subdivision. The N2 zone district requires a detached structure located in the rear yard, and a minimum of 3 feet from the rear property line and six foot minimum separation between structures. The building is three feet six inches from the residential structure and two feet ten inches from the rear property line in the side yard of the property. The building height is over 20 feet, and taller than the existing primary structure. Table 27-300.4. B. 13- Accessory building height shall be no larger than the principal building.
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.
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 not meet the general purposes and intent of the N2 zoning regulations for detached structures given the height and setback as well as side yard location. The structure, as built, is out of character for the neighborhood. It is hard to measure a single structure for growth policy compliance. The Growth Policy desires to see strong neighborhoods that are safe. A building that is not in compliance with the zoning code and is constructed too close to other structures could create undesirable conditions as it relates to safety.
Section 27-1627.E
1) Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
Minutes will be recorded in the permanent file when completed.
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; Although Staff is recommending denial, if the Board makes findings for approval, the following conditions are recommended;
- This approval is to allow a variance request from Section 27-305, Table 27-300.4 – A.7 (Rear Yard Location for Accessory Building), A.8 (Minimum Rear Setback of 3 feet), B.13 (Height of Accessory Structure), and Section 27-1803 (Detached accessory structure Requires 6-foot minimum separation) in an N2 zone district on Lot 27, Block 11, Meadowlark Subdivision, a 12,840 sf parcel of land. If approved, the variance will allow an existing detached accessory structure to remain in place. No other variance is intended or implied.
- The variance is limited to 315 Cody Circle, Lot 27, Block 11, Meadowlark Subdivision, a 12,840 sf parcel of land.
- The applicant will apply for and receive approval for a building permit within 6 months. Failure to meet the time limits of this condition will void the variance.
- There will be no construction activities before 7 a.m. or after 8 p.m. daily.
- The applicant shall meet all other city code requirements in place at the time of construction except for the variance granted herein.
- 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, leaseholders, heirs and assigns.
If approved Staff is recommending the applicant receive approval for a building permit within six months of BOA approval.
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. Specific uses as stated under the N2 zone district per BMCC 27-1000 are permitted, uses not listed within the district parameters will be allowed.