b.
City Board of Adjustment
- Meeting Date:
- 07/03/2019
- SUBJECT
- Variance #1296- Southeast corner of Rosebud and S 31st St. West
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Variance #1296 The applicant is requesting a variance from 27-308 requiring a maximum of 30 % lot coverage to allow 40% in a Residential -8000 (R-80) zone, on Block 15, Lots 7A, 8A, 9A, 10A & 11A, of Lampman Subdivision, with five lots containing a total of 63,134 square feet. Presented by Karen Husman, Planner I.
RECOMMENDATION
Staff recommends denial of the variance.
APPLICATION DATA
OWNERS: Lais Development & Rosebud Development
AGENT: Barbara Hawkins
PURPOSE: Lot Coverage from 30% to 40%
LEGAL DESCRIPTION: Block 15, Lots 7A, 8A, 9A, 10A & 11A, Lampman Subdivision
ADDRESS: Rosebud and 31st Street
EXISTING LAND USE: Vacant/Residential
PROPOSED LAND USE: Residential Multi family
EXISTING ZONING: R-8000
AGENT: Barbara Hawkins
PURPOSE: Lot Coverage from 30% to 40%
LEGAL DESCRIPTION: Block 15, Lots 7A, 8A, 9A, 10A & 11A, Lampman Subdivision
ADDRESS: Rosebud and 31st Street
EXISTING LAND USE: Vacant/Residential
PROPOSED LAND USE: Residential Multi family
EXISTING ZONING: R-8000
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY |
|||||
| 2920 Rosebud Drive | 774 | Aug 4, 1998 | Lot cov to. 31% | N | |
| 3061 Daystar | 899 | June 12, 2003 | Lot cov to 39% | N | for proposed 2-family dwelling |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-8000
Land Use: Vacant/Residential Single family and multi-family
SOUTH: Zoning: Community Commercial
Land Use: Commercial
EAST: Zoning: Residential-9600
Land Use: Residential Single Family
WEST: Zoning: Residential-6000
Land Use: Residential Single Family (Condominiums)
Land Use: Vacant/Residential Single family and multi-family
SOUTH: Zoning: Community Commercial
Land Use: Commercial
EAST: Zoning: Residential-9600
Land Use: Residential Single Family
WEST: Zoning: Residential-6000
Land Use: Residential Single Family (Condominiums)
BACKGROUND
The applicant is requesting a variance from a maximum of 30 % lot coverage to allow 40% lot coverage. The variance request is to allow 40% lot coverage on five lots in Block 15 in the Lampman Subdivision. The applicant has constructed one duplex on lot 11A, and would like to build duplexes on the remaining four lots that are similar and very close to 40% lot coverage when including garages.
The applicant has stated they built a duplex on lot 11A in 2012 and it was at 34% lot coverage. However City records indicate this permit was issued for 27% lot coverage at the time. They have submitted for a new building permit for lot 9A and were not granted the building permit as it was for 36% lot coverage. Staff research did not find any similar variances in this neighborhood or district.
The applicant has stated they built a duplex on lot 11A in 2012 and it was at 34% lot coverage. However City records indicate this permit was issued for 27% lot coverage at the time. They have submitted for a new building permit for lot 9A and were not granted the building permit as it was for 36% lot coverage. Staff research did not find any similar variances in this neighborhood or district.
SUMMARY
STAFF DETERMINATIONS for Variance 1296
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 30% lot coverage and the proposed duplex could be built to meet the size allowed by the zoning regulations.
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 developments have been build and met the maximum lot coverage under the code. 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. Lot coverage restrictions prohibit excessive building in all zoning districts.
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;
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-80 zoning district. Residential single family dwellings and duplexes are allowed in the R-80 district.
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 30% lot coverage and the proposed duplex could be built to meet the size allowed by the zoning regulations.
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 developments have been build and met the maximum lot coverage under the code. 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. Lot coverage restrictions prohibit excessive building in all zoning districts.
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;
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-80 zoning district. Residential single family dwellings and duplexes are allowed in the R-80 district.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the determinations for review provided within this report.