Item #2 - Variance 1217 – 3402/3404 and 3406/3408 Gallatin Place – Lot area – A variance from 27-308 requiring a minimum lot area of 9,600 square feet for a duplex dwelling to allow a minimum lot area of 8,540 square feet (3402/3404) and 8,099 square feet (3406/3408) for 2 existing duplex dwellings in a Residential 7,000 (R-70) zone, Lots 1 & 2, Block 2 of Patricia Subdivision. No new construction is planned but if the variance is approved, the duplexes could be re-built in the future if damaged or destroyed. Tax IDs: C02163 and C01264.

The Planning Division is recommending conditional approval and adoption of the findings of the 7 criteria for Variance 1217.

OWNER: Batt Properties LLC
AGENT: Nelson Battenschlag
LEGAL DESCRIPTION: Lots 1 & 2, Block 2, Patricia Subdivision
ADDRESS: 3402/3404 & 3406/3408 Gallatin Place
CURRENT ZONING: R-70
EXISTING LAND USE: 1 duplex on each lot
PROPOSED USE: same
SIZE OF PARCEL: 8,540 square feet Lot 1; 8,099 square feet Lot 2

None

This property was subdivided in the County in 1960 and subsequently annexed to the city in 1967 or 1968 when the duplexes were constructed. At the time of annexation, the property was zoned Residential 7,000. This zoning allows duplexes but the lots were not the current required size for 2 dwelling units. Many lots in this subdivision have legally non-conforming duplexes due to the lot area. In 2013, the Board of Adjustment approved zoning variances for lot area for 16 properties with duplexes in this subdivision. These 2 properties chose not to participate in those applications in 2013. If this variance is granted for Lots 1 & 2, there will be an additional 9 lots in this subdivision without lot area variances for duplex dwellings on lots less than 9,600 square feet.

NORTH:	Zoning: A-1 Land Use: Peter Yegen Golf Course
SOUTH:	Zoning: R-70 Land Use: Duplex dwellings
EAST:	Zoning: R-70 Land Use: Duplex and single family dwellings
WEST:	Zoning: R-70 Land Use: Duplex dwellings

This is an application to reduce the required lot are for existing duplexes in the Patricia Subdivision located south off Broadwater Avenue. The property addresses are 3402/3404 and 3406/3408 Gallatin Place, a small cul-de-sac off Broadwater Avenue. The duplexes were constructed in 1968 at the time of annexation to the city. The property was zoned R-70 at the time of annexation. The subdivision has a mixture of duplex dwellings and single family dwellings. Few of the existing duplexes are on lots large enough under current zoning requirements for 2 dwelling units. After 2008, lending institutions and mortgage finance companies tightened rules and now require a "re-build" letter for most residential property. If the property does not receive a positive re-build letter, the owner may have to resort to costly finance instruments or sell the property to a cash buyer. This may in turn lead to dis-investment in the property and a general decline in the marketability and taxable value of property.

In 2013, the Board of Adjustment granted 16 properties in this subdivision lot area variances so they can be re-built if necessary in the future. Michael Oliver, a senior real estate broker at Prudential Floberg in 2013, sent a letter to all the duplex property owners advising them of the opportunity to submit a group variance request. Fifteen property owners submitted a variance as a group in 2013. One property owner submitted an application as an individual. This property owner is now submitting a variance as an individual for 2 lots he owns in Patricia Subdivision. 

The Planning Division is recommending conditional approval based on the findings of the 7 criteria. The requested variance is based on a hardship with the land, being the lot area, that was not created by the property owner. There is no way for the owner to modify the lot to comply with the zoning requirements. The Board of Adjustment has approved similar variances for 16 other properties in this subdivision. The requested variance is in harmony with the purpose and intent of the Zoning Regulations. Granting this variance will not confer on this owner a special privilege denied to other property in the same area. The Planning Division is recommending several conditions for this variance.