Planning staff recommends conditional approval of Variance 1373 and adoption of the findings of the proposed review criteria contained in the summary section of this report.

This is a request to allow a variance from Table 27-300.4(A.3) requiring a front build-to zone of 10–32 feet along with facade element locations, to allow a build-to zone of 50 - 67 feet, in a Mid-century Neighborhood (N2) zone, on Lot 8, Block 9 of Grand Peaks Sub. 6th filing, a 13,283 square foot parcel of land. The purpose of the variance is to allow a specific building design on an odd-shaped lot with a narrow street frontage. While the front door and living area may be more than 50 feet from the property line, the code was recently amended (June 2023 - Ord. 23-5836) to specify which front facade items must be in the build-to zone. The N2 zone district site and structure standards require 60% of the front facade of a new structure to be within the required build-to zone, the front door, and 60% of the first floor door and windows. The build-to zone is a range for the N2 zone district between 10 feet and 32 feet behind the front property line. The request is to allow the front facade, including the garage, to be setback from the property line in a build-to range of 50 - 67 feet.

The new zoning regulations allow variances from any numerical limitation or requirement in the code and this includes the build-to zone. 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 of development under that code. With this development, the subject parcel is located in a type of cul-de-sac design and is a unique shape that restricts this parcel from meeting the build to zone and front facade requirements of the N2 district.

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.

• Approve the findings of the review criteria as proposed by Planning staff and conditionally approve the variance application; or,
• 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.

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

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 circumstances with this parcel 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 parcel, restricting the options to build in the required build to zone. The subdivision consists of six filings, and the majority of the lots were built on prior to the new zoning code. Some of these homes may not meet the build-to zone front facade requirements. There are thirty lots in the sixth filing, fifteen of which have an active permit.  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, this lot has a shape and dimension that does not 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 sixth filing of the subdivision are in compliance with the current regulation for "build- to" zone. However, this lot has a design and dimensions that would not allow it 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 have been other approvals for variances to allow front build-to zone and front facade deviations in the same district (see attached zoning history). 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 allowable expansion of a build-to zone. In this case, the subject property is adjacent to lots that are primarily under construction or already constructed and are now within the newer required build to zone, so the build-to averaging would not apply.  There are also allowances for administrative relief in some cases. For example, administrative relief was granted to four parcels in this filing (prior to the June code amendment) to allow an additional five-feet for the build-to zone. This relief allowed up to 37 feet for the build-to zone. Administrative relief would not be appropriate for this parcel as it would not give them adequate setback to build the proposed home. Administrative relief can only allow an additional five feet beyond the minimum or maximum build-to zone.

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, this parcel is narrow on the front lot line and long in dimension and wider to the rear of the parcel, restricting the options to build in the required build-to zone. The subdivision consists of six filings, the majority of lots built prior to the new zoning code, some of them may not meet the build to zone front facade requirements. There are thirty lots in the sixth filing, fifteen of which have an active permit. There have been other variances granted for similar requests. Recently, a similar variance was granted on four lots in the Founders Park Subdivision (Ping Circle).  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 this odd shaped parcel to be developed.  The Growth Policy encourages uniform development. However, this variance would encourage development of these odd-shaped parcels in older subdivisions that may have lots designed under the previous zoning code.  Although there are currently no other houses in this subdivision with a 50-67 foot build-to zone, the design and development of the lot as requested would still be uniform with the existing development in design and size.

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:

1. The build-to zone variance is limited to Lot 8, Block 9, of Grand Peaks Subdivision, 5343 N Iron Mountain Road.
2. The variance is from Section 27-305 (Table 27-300.4) requiring a build-to zone range of 10 feet to 32 feet from the front property line to allow a build-to zone range of 50 - 67 feet in a Mid-century Neighborhood (N2) zone.  No other variance is intended or implied.
3. The structure will be built in substantial conformance to the site drawings submitted with this variance request.    
4. Construction activity will not occur prior to 7 am or after 8 pm daily.
5. The applicant/developer shall apply for a building permit within six months of Board approval and complete construction within one year of Board approval. 
6. Failure to begin or complete the project according to the time periods within this approval will void the variance.
7. The applicant shall meet all other city code requirements for the proposed single family home, with the exception of this variance.
8. 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.

6) The BOA 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 a 6-month period to apply for a building permit and 1 year to complete construction.

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.