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Regular
|
| Board of Adjustment | |
| Date: | 06/07/2023 |
| Title: | Variance 1367-Ping Circle- Build-to Zone-garage location & Door width |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1366 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request to allow a variance from Sec. 27-305 (Table 27-300.4) from the required Front Side Build-To zone to allow the front door and living area of a new residence to be more than 50 feet from the front property line, and allow garage entry door width more than fifty percent (50%) in an N2 zone, or in other words, allow the front facade or portions of the front facade of the structure to be constructed outside the required build-to zone per BMCC 27-300.4.A.3. While the front door and living area may be more than 50 feet from the property line, the code technically addresses the front facade and not specifically the front door. The N2 zone district site and structure standards require the entire front facade of a new structure be within the required build-to zone from the front property line. The build-to zone is a range for the N2 zone district between 10 feet and 20 feet behind the front property line. The request is to allow the front facade, not including the garage, to be setback from the property line no more than 55 feet.
The new zoning regulations allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through an administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. There are other properties within the district that have been developed to the previous setback requirements. This subdivision was created under the previous zoning code, with the intent to develop under that code. With this development, the four subject parcels are located in a cul-de-sac design and are a unique shape that restrict these parcels from meeting the build to zone and front facade requirements of the N2 district.
Planning staff is recommending conditional approval based on the findings of the variance criteria to increase the front build-to area to allow the front door and living area of a new residence to be more than 50 feet from the front property line and allow the garage door more than 50% of the front facade in an N2 zone on Lots 5, 6, 10 & 11, Block 1, Founders Park Subdivision, 4 lots totaling 35,689 square feet of land.
The new zoning regulations allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through an administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. There are other properties within the district that have been developed to the previous setback requirements. This subdivision was created under the previous zoning code, with the intent to develop under that code. With this development, the four subject parcels are located in a cul-de-sac design and are a unique shape that restrict these parcels from meeting the build to zone and front facade requirements of the N2 district.
Planning staff is recommending conditional approval based on the findings of the variance criteria to increase the front build-to area to allow the front door and living area of a new residence to be more than 50 feet from the front property line and allow the garage door more than 50% of the front facade in an N2 zone on Lots 5, 6, 10 & 11, Block 1, Founders Park Subdivision, 4 lots totaling 35,689 square feet of land.
STAKEHOLDERS
Planning staff has not received any comments on the application as of the date of this report. The Board of Adjustment will hold a public hearing prior to acting on the request.
ALTERNATIVES
The Board of Adjustment may:
- Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
- Allow the application to be withdrawn at the request of the applicant; or
- Delay action on the variance application to a future Board meeting.
FISCAL EFFECTS
Approval or denial of the proposed variance will have no effect on the Planning Division budget.
SUMMARY
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 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 circumstance with these parcels other than the design of the lots are narrow on the front lot line and long in dimension and wider to the rear of the parcels restricting the options to build in the required build to zone. The subdivision consists of two dwellings built prior to the new zoning code that do not meet the build to zone front facade requirements. The previous zoning code had a minimum front setback of 20 feet but no maximum. There are other developed parcels within this subdivision that were constructed under the new requirements and conform to the newer standard, however, these other lots are a design and shape that does allow for these standards to be met.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The majority of the homes built in this subdivision are in compliance with the current regulation for "build to" zone, however these lots are a design and dimension that would not allow them to easily meet these standards. Denial of the variance would deny this applicant rights commonly enjoyed by other parcels in the same district because there are two homes near the subject parcels that were constructed under the previous code. Alternatively, the build-to zone averaging takes the existing setbacks of the two dwellings on either side of the subject lot (in cases of subdivisions primarily constructed prior to the new code) and averages those setbacks together to determine the required build-to zone. In this case, the subject properties are adjacent to lots that are already constructed within, or being built to the newer required build to zone, so the build-to averaging would not apply.
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 1 and 2, these parcels are narrow on the front lot line and long in dimension and wider to the rear of the parcels restricting the options to build in the required build to zone. The subdivision consists of two dwellings built prior to the new zoning code that do not meet the build to zone front facade requirements. There are other developed parcels within this subdivision that have been constructed under the new requirements and conform to the newer standard, however, those lots are a design shaped in a way that allows for these standards to be met. Granting this variance would not confer any special privilege.
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 policies.
The Growth Policy and the Zoning Code together encourage uniform development and make allowances for sites with unique features. The Zoning Code criteria for approving variances is a tool that makes allowances for these odd shaped lots. In this case, approval of the variance would allow four odd shaped parcels to be developed for the intent of affordable housing supported in the Growth Policy.
5) In granting any variance, the BOA 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.
Planning Staff is recommending the following conditions of approval:
Staff is recommending a 6-month period to apply for a building permit and 1 year to complete construction of the first dwelling.
7) Under no circumstances shall the BOA 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 proposed use is an allowed use in the N2 zone district. Single family dwellings are allowed in the N2 zones.
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 circumstance with these parcels other than the design of the lots are narrow on the front lot line and long in dimension and wider to the rear of the parcels restricting the options to build in the required build to zone. The subdivision consists of two dwellings built prior to the new zoning code that do not meet the build to zone front facade requirements. The previous zoning code had a minimum front setback of 20 feet but no maximum. There are other developed parcels within this subdivision that were constructed under the new requirements and conform to the newer standard, however, these other lots are a design and shape that does allow for these standards to be met.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The majority of the homes built in this subdivision are in compliance with the current regulation for "build to" zone, however these lots are a design and dimension that would not allow them to easily meet these standards. Denial of the variance would deny this applicant rights commonly enjoyed by other parcels in the same district because there are two homes near the subject parcels that were constructed under the previous code. Alternatively, the build-to zone averaging takes the existing setbacks of the two dwellings on either side of the subject lot (in cases of subdivisions primarily constructed prior to the new code) and averages those setbacks together to determine the required build-to zone. In this case, the subject properties are adjacent to lots that are already constructed within, or being built to the newer required build to zone, so the build-to averaging would not apply.
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 1 and 2, these parcels are narrow on the front lot line and long in dimension and wider to the rear of the parcels restricting the options to build in the required build to zone. The subdivision consists of two dwellings built prior to the new zoning code that do not meet the build to zone front facade requirements. There are other developed parcels within this subdivision that have been constructed under the new requirements and conform to the newer standard, however, those lots are a design shaped in a way that allows for these standards to be met. Granting this variance would not confer any special privilege.
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 policies.
The Growth Policy and the Zoning Code together encourage uniform development and make allowances for sites with unique features. The Zoning Code criteria for approving variances is a tool that makes allowances for these odd shaped lots. In this case, approval of the variance would allow four odd shaped parcels to be developed for the intent of affordable housing supported in the Growth Policy.
5) In granting any variance, the BOA 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.
Planning Staff is recommending the following conditions of approval:
- The build-to zone variance is limited to Lots 5, 6, 10 & 11, Block 1, Founders Park Subdivision, located on Ping Circle.
- The variance is from Section 27-305 (Table 27-300.4) requiring a build-to zone range of 10 feet to 20 feet from the front property line to allow a portion of the front facade of the new residences to be more than 50 feet from the front property line in an N2 district. No other variance is intended or implied.
- The structure will be built in substantial conformance to the site drawings submitted with this variance request.
- Construction activity will not occur prior to 7 am or after 8 pm daily.
- The applicant/developer shall apply for the first building permit within six months of Board approval and complete construction of the first unit within one year of Board approval.
- Failure to begin or complete the project according to the time periods within this approval will void the variance.
- The applicant shall meet all other city code requirements for the proposed single family homes, 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, leaseholders, heirs and assigns.
Staff is recommending a 6-month period to apply for a building permit and 1 year to complete construction of the first dwelling.
7) Under no circumstances shall the BOA 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 proposed use is an allowed use in the N2 zone district. Single family dwellings are allowed in the N2 zones.