Item #1 - Variance 1216 -1934 Poly Drive - Detached Garage Setback - A variance from 27-310(i) requiring a minimum front setback of 20 feet (Dahlia Lane) to allow a minimum 10-foot front setback for a new detached garage of 840 square feet in a Residential 9,600 (R-96) zoning district on Lot 6 (Less 10 feet), Block 3, Sweeney-Carlson Subdivision, a 19,248 square foot parcel of land. Tax ID: A16889.
 

The Planning Division is recommending conditional approval and adoption of the findings of the 7 criteria for Variance 1216.

OWNER: Patrick & Crystal Hopper
AGENT: None
LEGAL DESCRIPTION: Lot 6 (less 10 ft), Block 3, Sweeney-Carlson Subdivision
ADDRESS: 1934 Poly Drive
CURRENT ZONING: R-96
EXISTING LAND USE: Single family home
PROPOSED USE: Same with detached garage off Dahlia Lane
SIZE OF PARCEL: 19,248 square feet

Building Permit BP-15-01355.

Planning Division search of the zoning history in this area shows 4 similar variances since 1972. The most recent variance was to decrease the centerline setback for a new  detached garage at 1905 Poly Drive that was approved earlier this year. The earliest variance was for 1918 Parkhill Drive to decrease the front setback to 7 feet, the rear setback to 9.5 feet and increase the lot coverage to 32%. This lot was an unusually small lot (~5,600 square feet) and only has 3 sides. A variance granted in 2004 allowed a 6 foot solid fence in the clear vision area at the intersection of 21st St West and Iris Lane for property located at 2104 Iris Lane. In 2012, the Board granted a variance for a front setback of 5.5 feet for a treehouse in the front yard of 1907 Beverly Hill Boulevard. A variance in 2003 was granted for 9150 Mariposa Lane to decrease the side setback from 8 feet to 6'11' for a 2nd story addition. In addition to these similar variances, there appears to be at least 7 similar properties in the neighborhood without variances that have short setbacks from garages to the front property lines. These include property at 2101 Mariposa Lane, 2420 21st St West, 2403 Dahlia, 2222 Lilac Lane, 1801, 1814 and 2518 Darlene Lane (off Augusta Lane). These shorter setback appear to have been original from construction prior to the current zoning regulations and range from 7 feet to 15 feet.

NORTH:	Zoning: R-9600 Land Use: Single Family Residential
SOUTH:	Zoning: R-9600 Land Use: Single Family Residential
EAST:	Zoning: R-9600 Land Use: Single Family Residential
WEST:	Zoning: R-9600 Land Use: Single Family Residential

This is an application to reduce the required setback from a street property line from 20 feet to 10 feet for the entrance to a new detached garage. The applicants, Patrick & Crystal Hopper, are interested in providing additional storage space for automobiles and household goods. Mr. Hopper was notified of a previous variance application for 1905 Poly Drive to reduce the 70-foot centerline setback for Poly Drive to 50 feet for a new detached garage. At about the same time, Mr. Hopper started contacting staff in the Planning Division and Building Division to discuss his proposed new detached garage. The subject property has an address of 1934 Poly Drive, however the home and driveway are accessed from Dahlia Lane, the side street that borders the property to the east. There was apparent miscommunication and misunderstanding concerning the entrance to the proposed garage. When Mr Hopper submitted his building permit at the end of March, it was returned for correction of the required setback by Planning Assistant, Karen Husman. Mr. & Mrs. Hopper's letter for the variance explains their version of the series of the events that led to this application. The letter is attached.

The property is a large lot that is typical of this neighborhood around Poly Drive. However, the applicant has several challenges with this corner lot including the existence of an underground shelter directly south of the existing driveway off Dahlia Lane, the required 70 foot setback to the centerline of Poly Drive (north) and the proper location of property lines (the applicant has not surveyed the property in relation to the garage project). The original subdivision of Sweeney-Carlson shows Lot 6 with a north to south width of 133.5 feet. Subsequently the south 10 feet of this lot was deeded to Lot 5. Lot 6 now should measure 123.5 feet north to south along Dahlia Lane and 142 feet from east to west. The applicants may not be aware of this north to south measurement since the site plan submitted shows the total north to south dimension of about 143 feet. There also appears to be an error in the site plan on the east to west total dimension. The site plan appears to show an east to west dimension of about 173 feet. The actual east to west dimension is about 142 feet. The width of right of way dedicated by this subdivision was 25 feet and the 2nd Filing of Sweeney Carlson Subdivision to the east also dedicated 25 feet to Dahlia Lane. The total width of Dahlia Lane at this location is 50 feet. In any case, the area of interest for the variance is the required front setback for a new detached garage. The actual dimensions of the lot are only pertinent to determine whether the new detached garage could be located on the lot in conformance with the zoning requirements. The applicant has described the difficulties with the lot in detail in their letter to the Board and the need for the storage space and garage space.

The property is in an established neighborhood on Poly Drive. The lot is regular in shape and has no significant topographic features. The are several issues with the lot that prevent the owner from easily placing the garage entrance at least 20 feet from the property line on Dahlia Lane as is required by the zoning code. First, there is an old underground shelter structure directly south of the existing driveway. The owner does not intend to remove the structure at this time. The existing home is approximately 44 feet from the property line on Dahlia Lane and there was a large attached carport in the same location where the detached garage is proposed. Attaching the proposed garage would be possible but would trigger several modifications to the existing home that would increase the cost. For example, there are electrical service boxes, vents and hose bibs on the east wall of the house that would need to be relocated. The required building separation for a new detached structure is 6 feet, so attaching the garage would still not bring the structure into full compliance with the zoning setback of 20 feet. The garage would still need 4 additional feet to achieve the required setback. The final issue with the property is the required setback to the centerline of Poly Drive. It appears the proposed garage will meet the arterial setback from Poly Drive in its current location. If the garage were to be placed further north - past the north side of the house - and setback the required 20 feet from Dahlia Lane, it would be within the required 70-foot arterial setback for Poly Drive. The applicant has stated a new driveway off Poly Drive is possible but not practicable.

The Planning Division has reviewed the zoning history for the area and noted 5 similar variances have been approved. The latest variance, Variance 1207 for 1905 Poly Drive, was conditionally approved by the Board. The oldest variance was for 1918 Parkhill Drive to decrease the front setback to 7 feet, the rear setback to 9.5 feet and increase the lot coverage to 32%. This location has an odd shaped triangular lot of small dimensions and 2 street frontages. A variance approved in 2003 for 1950 Mariposa Lane allowed a 2nd story addition at a reduced setback of 6'11". The property at 2104 Iris Lane was allowed to place a 6-foot privacy fence within the clear vision area at the intersection of Iris Lane and 21st St West in 2004. In 2012, the Board approved a 5.5-foot front setback for a tree house in the front yard of 1907 BeverlyHills Boulevard. Planning staff also notes at least 7 properties in the neighborhood with less than the required 20 setback for garages at 2101 Mariposa Lane, 2420 21st St West, 2403 Dahlia Lane, 2222 Lilac Lane and 1801, 1814 and 2518 Darlene Lane (off Augusta Lane). These 7 properties do not have variances on file but were likely constructed prior to the current zoning requirements. The garage setback for these properties range from  7 feet to 15 feet.

The Planning Division is recommending conditional approval of the requested variance. The property has 3 hardships with the parcel that are not the result of action by the current owner and do not apply to other property in the neighborhood. In addition, there are similar properties with less than 20 foot setbacks for garages in the neighborhood without variances. At least 5 similar variances have been granted in the neighborhood. Granting the variance will not confer a special privilege on this owner that is denied to similarly situated property owners. The granting of the variance will be in harmony with purposes and intent of the zoning code. Dahlia Lane is a 50 foot right of way with 34 feet of road pavement but without sidewalks. The property has 8 feet of area beyond the property before the pavement of Dahlia Lane intersects. This will initially provide a driveway of 18 feet in front of the proposed new garage. This length of driveway will accommodate a parking space for most passenger vehicles and not obstruct the pavement on Dahlia Lane. If sidewalks are constructed on Dahlia Lane, the parking space in front of the garage will be reduced to 10 feet on the property. The Planning Division is recommending conditions of approval to mitigate any potential impacts to the surrounding neighbors.