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Regular
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| Board of Adjustment | |
| Date: | 06/07/2023 |
| Title: | City Variance 1366-2280 Richards- location of detached accessory garage |
| 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 from Section 27-305, Table 27-300.4 – A.7 (Rear Yard Location for Accessory Building) in a Residential Manufactured Home (RMH) zone, on Lots 23-24 of Lakeview Subdivision, an 11,491 square foot parcel of land. The purpose of the variance is to allow construction of a detached garage on the front of the lot. This lot has a few features that restrict the location of a detached structure, due to the lot shape and placement of the existing home. The only available building space on the property is to the east of the dwelling in what is considered the front yard.
There are other properties in this area and district that have detached garages on the side or front of the property. Approving this variance would not be a special privilege to the applicant.
APPLICATION DATA
OWNERS: Mitch Buesis
PURPOSE: Detached garage in front yard
LEGAL DESCRIPTION: Lots 23-24 of Lakeview Subdivision
ADDRESS: 2280 Richards
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same with detached garage
EXISTING ZONING: RMH
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: RMH
Land Use: Residential
EAST: Zoning: RMH
Land Use: Residential
WEST: Zoning: RMH
Land Use: Residential
Planning staff is recommending approval based on the review criteria for variances. This lot has an unusual shape and placement of the home on the lot creates a geographic hardship. There is not enough access to or room in the rear yard to construct a detached garage. There is no feasible or practical way to attach the proposed garage. There are other properties in this area that have garages on the side or front of the property. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area.
There are other properties in this area and district that have detached garages on the side or front of the property. Approving this variance would not be a special privilege to the applicant.
APPLICATION DATA
OWNERS: Mitch Buesis
PURPOSE: Detached garage in front yard
LEGAL DESCRIPTION: Lots 23-24 of Lakeview Subdivision
ADDRESS: 2280 Richards
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same with detached garage
EXISTING ZONING: RMH
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: RMH
Land Use: Residential
EAST: Zoning: RMH
Land Use: Residential
WEST: Zoning: RMH
Land Use: Residential
Planning staff is recommending approval based on the review criteria for variances. This lot has an unusual shape and placement of the home on the lot creates a geographic hardship. There is not enough access to or room in the rear yard to construct a detached garage. There is no feasible or practical way to attach the proposed garage. There are other properties in this area that have garages on the side or front of the property. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area.
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:
- Conditionally approve the request 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.
The subject property does have unique topographic features and circumstances that are relevant in the review of this variance request. The lot is oddly shaped and narrow with the residential home almost centered. The rear yard is not easily accessible or practical for the placement of a detached garaged.
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.
There are other detached structures within the surrounding area, that are in the front or side yard. Granting this variance would be consistent with limitations placed on other lots in the same zoning 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.
The granting of this variance will not confer a special privilege since similar properties exist in the vicinity of this property.
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 of this variance application is compatible with the goals of the 2016 Growth Policy. Allowing continued investment in residential property supports a use that is compatible with the neighborhood. Granting this variance should also be in harmony with the general purpose and intent of the Zoning Regulations. As stated in criteria 1, the parcel has unique features that would not allow a garage in the rear yard.
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. This approval is to allow the placement of a detached garage in a front yard. No other variance is intended or implied.
2. The variance is limited to Lots 23-24 of Lakeview Subdivision, generally located at 2280 Richards Rd.
3. The applicant will apply for and receive approval for a building permit within 6 months and complete construction within 1 year of BOA approval. Failure to meet the time limits of this condition will void the variance.
4. There will be no construction activities before 7 a.m. or after 8 p.m. daily.
5. The applicant shall meet all other city code requirements in place at the time of construction except for the variance granted herein.
6. 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.
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.
The subject property does have unique topographic features and circumstances that are relevant in the review of this variance request. The lot is oddly shaped and narrow with the residential home almost centered. The rear yard is not easily accessible or practical for the placement of a detached garaged.
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.
There are other detached structures within the surrounding area, that are in the front or side yard. Granting this variance would be consistent with limitations placed on other lots in the same zoning 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.
The granting of this variance will not confer a special privilege since similar properties exist in the vicinity of this property.
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 of this variance application is compatible with the goals of the 2016 Growth Policy. Allowing continued investment in residential property supports a use that is compatible with the neighborhood. Granting this variance should also be in harmony with the general purpose and intent of the Zoning Regulations. As stated in criteria 1, the parcel has unique features that would not allow a garage in the rear yard.
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. This approval is to allow the placement of a detached garage in a front yard. No other variance is intended or implied.
2. The variance is limited to Lots 23-24 of Lakeview Subdivision, generally located at 2280 Richards Rd.
3. The applicant will apply for and receive approval for a building permit within 6 months and complete construction within 1 year of BOA approval. Failure to meet the time limits of this condition will void the variance.
4. There will be no construction activities before 7 a.m. or after 8 p.m. daily.
5. The applicant shall meet all other city code requirements in place at the time of construction except for the variance granted herein.
6. 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.
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 6 months to receive approval of a building permit and 1 year to complete the project.
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. Detached garages are allowed uses in this zone district.