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b.
City Board of Adjustment
Meeting Date:
10/04/2017
SUBJECT
Variance #1268- 921 N 25th St.
THROUGH:
Monica Plecker
PRESENTED BY:
Karen Husman

Information

REQUEST

City Variance 1268919, 919 ½, 921 N 25th Street – Lot Area - The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 16,600 square feet for a two-family dwelling and a single family dwelling on an undivided parcel to allow a minimum lot area of 10,410 square feet and from Section 27-308 requiring a 20-foot rear setback to allow a 6-foot rear setback in a Residential 7,000 (R-70) zone, on a portion of Lot 3, Block 10 Sunnyside Subdivision 2nd Filing. The purpose of the variance is to allow the financing and sale of an existing property and no construction or reconstruction is proposed at this time. Tax ID: A16441. Presented by Karen Husman, Planner I.

RECOMMENDATION

Planning Staff recommends conditional approval of the variance, based on the criteria for granting a variance.  

APPLICATION DATA


OWNERS:                              KPP LLC       
AGENT:                                 Trina White
PURPOSE:                             to allow the financing and sale of an existing duplex & SFD
LEGAL DESCRIPTION:      a portion of Lot 3, Block 10 Sunnyside Subdivision 2nd Filing
ADDRESS:                            921 N 25th St.
EXISTING LAND USE:       Residential & Multi Family
PROPOSED LAND USE:     Residential & Multi Family
EXISTING ZONING:            R-70

CONCURRENT APPLICATIONS

None.

APPLICABLE ZONING HISTORY

Subject Property – None
 
Surrounding Property
– Records show there have been twenty-three variance requests in this subdivision.  The variance requests have been for lot coverage, setbacks, increase in non-conforming use and multiple dwelling units on a small lot.  Three of the twenty-three variances were denied and they included one change in non-conforming use,  Variance #1147 was denied for a request to approve 7,000 square feet for 2 new dwelling units in an R-70, and Variance #1225 was conditionally approved for an existing fourplex on a 7,000 sf lot but denied for a new fourplex on a 7,000 sf lot.

SURROUNDING LAND USE & ZONING

NORTH:   Zoning:      R-70
                  Land Use:  Residential & Residential Multi Family
SOUTH:    Zoning:      R-70     
                  Land Use:  Residential
EAST:       Zoning:      R-70
                  Land Use:  Residential
WEST:      Zoning:      Public
                  Land Use:  School

BACKGROUND

The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 16,600 square feet for a two-family dwelling and a single family dwelling on an undivided parcel to allow a minimum lot area of 10,410 square feet and from Section 27-308 requiring a 20-foot rear setback to allow a 6-foot rear setback in a Residential 7,000 (R-70) zone, on a portion of Lot 3, Block 10 Sunnyside Subdivision 2nd Filing. The purpose of the variance is to allow the financing and sale of an existing property and no construction or reconstruction is proposed at this time.
 
Several dwellings in the area date from the same time period and ten of those properties have similar nonconforming lots for the number of dwelling units and may be over lot coverage or not have required setbacks.
 
The BOA has reviewed fifteen similar variances in this subdivision for lot area, and denied two of those requests. The remaining thirteen variances in the subdivision have been approved. There are ten similar properties in the area with similar nonconforming lots. The proposed variance is not out-of-character for this area and neighborhood. Staff did not receive any comments from other City Divisions or from the surrounding property owners concerning this variance request.         
 
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval of the request based on the criteria for variances as presented within this report.  Staff finds that the proposed variance would provide the applicant similar rights that are enjoyed by other property in the neighborhood. Thirteen similar variances have been granted in this area and there are similar development densities in the neighborhood.

RECOMMENDATION

Planning Staff recommends conditional approval of the variance, based on the criteria for granting a variance.  

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