County Variance #271: This is a request for a variance from 27-310(j) requiring a maximum of 1,500 square feet for a detached garage to allow a maximum of 3,200 square feet each for two (2) new detached garages in a Residential 9,600 (R-96) on Tract 1A (3.631 acres) and Tract 1B (2.502 acres) of C/S 3240, generally located at 1011 Brandywine Lane. This is also a request for a variance from 27-305 requiring an accessory building to be constructed concurrently or after a residence is constructed on Tract 1A (3.631) to allow the detached garage to be constructed prior to the residence. The proposed detached garage on Tract 1B will be owned by the property owner directly west at 2821 Saratoga Trail. Tax ID: D05023 & D05023A (pending), Larry and Kathy Vaira owners Tract 1A, Jeff Isom and Cindy Taul owners Tract 1B.

The Planning Division is forwarding a recommendation of denial.

OWNER: Larry  and Kathy Vaira:  Jeff Isom and Cindy Taul
AGENT: none
LEGAL DESCRIPTION: Tract 1A (3.631 acres) and Tract 1B (2.502 acres) of C/S 3240
ADDRESS: 1011 Brandywine Lane
CURRENT ZONING: Residential 9600
EXISTING LAND USE: Vacant
PROPOSED USE: Accessory building for storage
SIZE OF PARCEL: Tract 1A 3.631 acres, Tract 1B 2.502 acres

None

There have not been any variances within this subdivision, the nearest similar variance was #270 in December of 2014, that property had a home on it with a large detached building.
 
County Variance #270 – 1336 Cimmaron Pass – Conditionally approved December, 2014 – A variance from 27-310(j) requiring a maximum accessory building size of 1,500 square feet to allow a maximum accessory building size of 2,100 square feet.

NORTH:	Zoning: Residential 9600 (R-96) Land Use: Residential
SOUTH:	Zoning: Community Commercial (CC) Land Use: Commercial / Vacant Lane
EAST:	Zoning: CC and R-96 Land Use: Commercial / Residential
WEST:	Zoning: R-96 Land Use: Residential

This is a request for a variance from Section 27-310(j) requiring a maximum of 1,500 square feet for a detached garage to allow a maximum of 3,200 square feet each for two (2) new detached garages in a Residential 9,600 (R-96) on Tract 1A (3.631 acres) and Tract 1B (2.502 acres) of C/S 3240, generally located at 1011 Brandywine Lane. A variance from 27-305 requiring an accessory building to be constructed concurrently or after a residence is constructed on Tract 1A (3.631) to allow the detached garage to be constructed prior to the residence. 
 
The two property owners have requested this variance to be able to construct a 3,200 square foot storage building on each lot.  In the zoning code definitions they define a ‘Principal Use’ and ‘Accessory’.  The different uses are based on the zoning.  This property is zoned Residential 9600.   
 
In the Unified Zoning Regulations:
 
Sec. 27-201. - Definitions.
 

• Accessory: A use, building or structure, part of a building or other structure, which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot, including a private garage.

(1) Attached accessory structure: Any structure or building which has any roof or wall in common with the principal structure. For purposes of zoning, an attached accessory structure is considered part of the principal structure.
 
(2) Detached accessory structure: Any structure or building which does not have any roof or wall in common with any principal structure or building. For purposes of zoning, a detached accessory structure must maintain a minimum distance of six (6) feet from any other building or structure.
 
Principal use: The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. The uses listed in BMCC sections 27-305 and 27-306, District Regulations, are principal uses.
 
The definitions outline what is a principal use of the land. In this case Residential 9,600 requires the principal use is a residential dwelling.  Accessory uses in residential zoning districts are incidental to that of the main building (the residence). The definition specifically includes a private garage.
 
The "accessory" use that is allowed on a parcel of land must have the "principal" use in place before the accessory structure is allowed.  In residential zoning the main use - a residence- must be in place or under concurrent construction before a detached accessory structure can be established. This is not the case for agricultural zoning districts such as Agriculture Suburban (A-S) or Agriculture-Open Space (A-1). The principal uses in these zoning districts is for agriculture so detached accessory buildings - to house livestock, agricultural equipment or products - are allowed without a residence. (See attachments Section 27-305 District Regulations: Residential Uses) 
All zoning districts where residential dwellings are the principal uses allow accessory uses only after or concurrently with the establishment of a residence. Districts where principal uses are not residential but agricultural (A-1 or A-S) accessory building including shops, garages, barns, greenhouses, kennels and similar uses can be established in absence of a residence. The first use listed in the use table at 27-305 is "Accessory Uses and Structures Associated with a Permitted Principal Structure".  A detached garage is considered an accessory use as defined in Section 27-310.  If there were a principal use on the property then the applicant would be allowed to put a maximum detached structure of 1,500 square feet on the property.  In addition, Section 27-310 (4) allows up to 3,000 square feet of detached structures as long as they don’t go over maximum lot coverage.  All of this is contingent on the detached structures not exceeding the principal use square footage of the residence in residentially zoned areas.
 
Sec. 27-310. - Supplemental area, yard and height restrictions.   
 
(j)(2)      Garages, carports and other accessory buildings attached to a dwelling shall be considered to be part of the dwelling and setbacks shall be the same as those required for such dwelling. In addition, garages and carports attached to the dwelling that have their approach from a street shall be setback from that street property line a minimum of twenty (20) feet or meet the front setback in the zoning district in which it is located, whichever is greater.
(3)          The maximum size allowed for detached accessory structures shall be based on the following criteria, based on the size of the lot:
—  Lots containing less than one-quarter (.25) acres = one thousand (1,000) square feet maximum size.
—  Lots containing one-quarter (.25) acres up to one (1) acre shall use the following formula:
(667 x lot acreage) + 833 = maximum detached structure size)
—  Lots containing more than one (1) acre = one thousand five hundred (1,500) square foot maximum size.
This provision shall not apply in the Agricultural-Open Space or Agricultural-Suburban zoning districts.
(4)    The maximum total square footage in detached accessory structures on any lot shall not exceed three thousand (3,000) square feet or that amount which, when added to the square footage of the principal structure(s), will achieve the maximum lot coverage allowable in that district, whichever is less. This three thousand (3,000) square foot limit shall not apply in the Agricultural-Open Space zoning district.
 
According to the letter submitted by the property owners, they bought the property within the past year.  They would like to build detached structures for more inside storage space.
 
The site plan that was submitted with the application shows a future house on the northern lot, Tract 1A, on the eastern side.  They also show that there is a current septic drain field and an existing gas line and electrical available from the east side of the lot. 
 
The second proposed building on the southern lot, Tract 1B, does not show a future house or any utilities to the lot.  However this lot is owned by Jeff Isom and Cindy Taul who own Lot 1A, Block 5, 2821 Saratoga Trail, the parcel that is on the south east corner of Saratoga Trail and Brandywine Lane. These two parcels share a common lot line. 
 
The applicant for Tract 1A shows a future principal use - a residence. The shop building could be built first if the home were built within a defined time frame.  They are allowed to have 3,000 square feet of detached structures. In this case they are asking for one building instead of splitting the square footage into 2 structures. The proposed 3,200 square foot shop is still exceeds the maximum for accessory building area by 200 square feet. The total floor area square footage of the principal structure would have to be at least 3,200 square feet to maintain the principal use at least equal or greater than the accessory use.  With 3.631 acres they would not be over the maximum of 30% lot coverage with the buildings.
 
Tract 1B could be viewed the same way with the need to build a principal structure within a defined time frame.  They could also aggregate Tract 1B with Lot 1A, Block 5, within a defined time frame, which would give them the principal use structure on the ‘new’ lot to make it conform to zoning requirements.  The only issue would be that they currently have a detached structure on Lot 1A, Block 5 that is 1,800 square feet so to comply with this variance request the new building could only be 1,400 square feet to give them the 3,200 square feet they are asking for in the variance.
 
One other option that could be considered would be to attempt to rezone both tracts to the same zoning as property to the south, Community Commercial, or to Agriculture Suburban, that allows shops, barns and similar structures without establishing a residence first. The A-S zoning would allow a single shop building of 3,000 square feet for each lot. They could then build detached structures the size they would like and in this zoning it is also an allowed use to build a residence. 
 
While doing research for this variance staff found 12 surrounding properties with detached structures on them.  Some had multiple structures while others had one.  The total sizes ranged from 649 square feet to 2,735 square feet.  The storage units south and east of the subject properties in CC zone have multiple buildings on their site. The 4 buildings in the middle of the mini-storage development are 3,840 square feet each.
 
Staff has not received any comments from surrounding neighbors.

The Planning Division is recommending denial.  There is no hardship with the land that prevents the owners from using it in accordance with the zoning regulations to construct a residence and accessory structures at the same time and at the required size for detached accessory buildings.