County Variance – #292 – 120 Sunlight Circle – Variance to allow detached structure larger than the maximum - A variance from section 27-308 requiring a maximum detached structure size of 1,447 sf to allow a maximum of 2,800 sf in a Residential- 9600 (R-96) zone, on Block 2, Lots 5 & 6, Emerald Eagle Estates Subdivision, a .92-acre parcel of land. The purpose of the variance is to allow a detached accessory structure of 2,800 square feet.  Tax ID: C15082 & C15083.  Presented by Karen Husman, Planner I.

Staff is recommending denial of the application.

None

SUBJECT PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
120 Sunlight Circle	None
SURROUNDING PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None

NORTH:   Zoning:      R-96
                  Land Use:  Residential
SOUTH:    Zoning:      R-96
                  Land Use:  Residential
EAST:       Zoning:      Outside Zoning
                  Land Use:  Residential
WEST:      Zoning:      R-96
                 Land Use:        Residential

The applicant is requesting a variance from Section 27-310.i requiring a maximum detached accessory building footprint greater than 1,447 square feet to allow a maximum footprint of 2,800 square feet for a proposed new garage.  The owner would like to park all of their autos and recreational vehicles in one structure.
 
The subject property is in an area of single family dwellings.  The properties to the east are outside of the zoning jurisdictional area.  The code allows up to two 1,447 square foot detached accessory buildings on the lot. The detached garages could be built to meet the size allowed by the zoning regulations. The existing single family dwelling is on one lot as a primary structure, the adjacent lot is contiguous and in the same ownership and the intent is to aggregate the lots.
 
Planning staff has reviewed the application and has received correspondence from three neighboring property owners concerning the new building (copy attached).   The main concern is the character of the neighborhood, the possibility of the larger garage being used for commercial purposes, and that granting the variance would be against the restrictions of their covenants. 

STAFF DETERMINATIONS
The Board of Adjustment shall make the following determinations prior to granting a variance:
 
1.   That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are no special circumstances that exist which are peculiar to the land.  The applicant has not stated a hardship with the property. The code allows up to two 1,447 square foot detached accessory buildings on the lot. The detached garages could be built to meet the size allowed by the zoning regulations. The existing single family dwelling is on one lot as a primary structure, the adjacent lot is contiguous and in the same ownership and the intent is to aggregate the lots.
 
2.   That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
Allowing the variance would give the applicant rights not commonly enjoyed by other tracts in the same district. There have not been any similar variances granted in the area or surrounding neighborhoods. The variance would allow the applicant special privileges. Other lots in this subdivision have developed as defined by the zoning code. 
 
3.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Granting this variance would confer a special privilege to this applicant as similar sized detached barns and garages are not apparent in this subdivision and in similar neighborhoods.  Granting the variance requested will confer on the applicant a special privilege that is denied by this Chapter to other land in the same district.
 
4.         That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is not in harmony with the general purpose and intent of the zoning regulations and the growth policy.   
 
5.   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff has no conditions for a recommendation of denial.
 
6.   The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
There would be no time limit with a recommendation of denial.
 
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
Granting this variance will not approve a use that is not otherwise allowed in the R-96 zoning district. Detached garages and accessory buildings are allowed in the county residential zoning districts, however the size requested is inconsistent with limitations placed on property in the district.

Staff is recommending denial of the application based on the determinations within this staff report.