Planning staff recommends conditional approval of the variance from Section 27-305, Table 27-300.4– A.7 (Rear Yard Location for Accessory Building) in a Suburban Neighborhood (N3) zone.

This is a variance from Section 27-305, Table 27-300.4– A.7 (Rear Yard Location for Accessory Building) in a Suburban Neighborhood (N3) zone. The 23,501 square foot parcel of land is located within C.O.S. 67, Parcels 2B and 2C 2nd Amended (Monsma Acres). The applicant is requesting approval to construct a detached garage in the front yard of the lot, rather than the required rear or street-side yard location.

The property is constrained by the placement of the existing dwelling and the topography of the rear yard. The dwelling is centered on the lot, leaving only narrow side yards and a rear yard that slopes downward to the south. Under N3 zoning standards, accessory buildings must be located in the rear or street-side yard and maintain a minimum 5-foot setback from property lines and a 10-foot separation from the principal dwelling. Due to the home’s location, the rear yard does not provide enough depth to accommodate these requirements, and the side yards are only about the minimum width of the setback itself, leaving no buildable space.

The only area of the lot that can accommodate a detached structure while still meeting setbacks from property lines is to the north of the home, which is considered the front yard under the zoning code. Without a variance, no compliant location exists for a detached garage. The City has previously approved similar variances for front yard accessory buildings in cases where dwelling placement or lot conditions prevented use of the rear yard.

APPLICATION DATA
OWNERS: Crystal Gale Demis
PURPOSE: Detached garage in front yard
LEGAL DESCRIPTION: Parcel 2B & 2C of C.O.S 67
ADDRESS: 3320 Poly Drive
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same with detached garage
EXISTING ZONING: N3 - Suburban Neighborhood

CONCURRENT APPLICATIONS
None

SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3 - Suburban Neighborhood
Land Use: Residential
SOUTH: Zoning: N3 - Suburban Neighborhood
Land Use: Residential
EAST: Zoning: N3 - Suburban Neighborhood
Land Use: Residential
WEST: Zoning: N3 - Suburban Neighborhood
Land Use: Residential
 

The Board of Adjustment may:

• Conditionally approve the requested variance and adopt the proposed findings of fact for the review criteria as recommended by the Planning staff;
• Approve the requested variance with different or added conditions, or no conditions;
• Deny the requested variance and amend the findings of fact for 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.
The property is narrow with the dwelling centered on the lot, leaving limited space in the side and rear yards. A detached garage in the rear would not meet the required 10-foot separation and would also be difficult to access due to the slope of the yard. These site conditions create a hardship not generally present on other lots in the district.

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.
Without flexibility in applying the code, the applicant would be unable to place a garage in a safe and functional location. While neighboring properties can typically meet setback and separation standards, the layout of this lot prevents the same outcome under a strict interpretation of the code.

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 the variance would not provide the applicant with a special privilege. It only allows the property owner to build a garage similar to what others in the district already have.

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.
Strong Neighborhoods

• Neighborhoods that are safe and attractive and provide essential services are much desired.

Allowing the garage improves the functionality and safety of the home by providing secure storage and easier winter access. This helps the property remain attractive and livable, supporting neighborhood stability.

Home Base 

• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
• Homes that are safe and sound support a healthy community

The garage allows the owner to improve their home environment by reducing exposure to weather and providing safe, direct access to their residence, in line with the policy emphasis on safe and healthy housing. This improvement maintains the property as a functional, safe single-family home, ensuring the long-term viability of the residence in the neighborhood.

Section 27-1627. E

1) 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 Parcel 2B and 2C of C.O.S 67, generally located at 3320 Poly Dr.
3. The applicant will apply for and receive approval for a building permit within 1 year and complete construction within 2 years 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.

2) 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 1 year to receive approval of a building permit and 2 years to complete the project.

3) 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.