Return Item - Variance 1231 – 316 Miles Avenue – Side and Rear Setbacks – A variance request from 27-308 requiring a minimum side setback of 8 feet for a 2-story structure to allow a minimum side setback of 5 feet and from 27-308 requiring a minimum rear setback of 15 feet to allow a minimum rear setback of 10 feet, in a Residential Multi-Family-Restricted (RMF-R) zone, on Lots 39 & 40, Block 12, Suburban Subdivision, a 7,000 square feet parcel of land. The proposed variance is to allow the owner to finish the construction of a partially completed structure. Tax ID: A15964. Presented by Karen Husman, Planner I
 

Planning Staff is recommending denial.

OWNERS:                             Michael J. Mitzel AGENT:                                 EEC, Inc. PURPOSE:                            To reduce the minimum side setback of 8 feet for a 2-story structure to allow 5 feet and a minimum rear setback of 15                                                feet to allow 10 feet LEGAL DESCRIPTION:         Lots 39 & 40, Block 12, Suburban Subdivision ADDRESS:                             306 Miles Avenue EXISTING LAND USE:          Residential PROPOSED LAND USE:      Residential EXISTING ZONING:              Residential Multi Family-Restricted (RMF-R)

None.

Surrounding Property – Records show there have been 10 variance requests in this subdivision.  The variance requests have been for lot size, setbacks, lot coverage, and fence height.  Nine were approved, one was denied.

NORTH:   Zoning:      RMF-R
                  Land Use: Residential Single Family & Multi-Family
SOUTH:    Zoning:      RMF-R
                  Land Use: Residential Multi-Family
EAST:       Zoning:      RMF-R
                  Land Use: Single Family
WEST:      Zoning:      RMF-R
                  Land Use: Residential Multi-Family & Single Family

The applicant is requesting a variance from 27-308 requiring a minimum side setback of 8 feet for a 2-story structure to allow a minimum side setback of 5 feet and from 27-308 requiring a minimum rear setback of 15 feet to allow a minimum rear setback of 10 feet, in a Residential Multi-Family-Restricted (RMF-R) zone, on Lots 39 & 40, Block 12, Suburban Subdivision, a 7,000 square feet parcel of land.  This application was heard at the City Board of Adjustment meeting on June 1, 2016, and continued to the July meeting in order for the Board to further review the application.  The proposed variance is to allow the owner to finish the construction of a partially completed structure. According to the County property information available, the structure on the subject property was built in 2011.
 
The property owner applied for a building permit in January of 2011 to build a two-story residential structure.  During the application review process, the application and plans were reviewed by City departments and the applicant was sent two lists of corrections - one from the Planning Division and one from the Building Division. The corrections needed to be addressed in order to receive an approved permit to build the new building. Included with those corrections was the Planning Division notice of the required setbacks that needed to be met in order to build the 2 story structure proposed.  Corrections to the original plans were not submitted, and in April of 2012 the pending building permit application expired. The applicant would have then had to resubmit the plans with the requested corrections in order to acquire a building permit for the structure.  In 2012, there were four Code Enforcement cases opened against the property. Two included notice that a building permit was required for the structure and it would need to be in compliance with zoning setbacks for the district.  There are other lots in the neighborhood that have similar allowances under zoning, however they were constructed prior to zoning.
 
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance to allow a minimum side setback of 5 feet for a 2-story structure and to allow a minimum rear setback of 10 feet where a 15-foot rear setback is required. The recommendation is based on the determinations for granting a variance as outlined in the attached determinations.

Planning Staff is recommending denial of Variance #1228 based on the determinations for granting a variance.