a.
City Board of Adjustment
- Meeting Date:
- 09/04/2019
- SUBJECT
- City Variance 1300- 109 South 35th St.
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1300- 109 South 35th St. The applicant is requesting a variance from Section 27-308 requiring a minimum lot size of 13,000 square feet to allow minimum lot size of 7,000 square feet in a Residential-6000 (R-60) zone, on Block 7, Lot 16-17 of Yegen Second Addition Sub., a 7,000 square foot parcel of land. The purpose of the variance is to allow 3 dwelling units on this parcel. Tax ID: A18805. Presented by: Karen Husman, Planner I.
RECOMMENDATION
Staff recommends denial based on the determinations for variance review within the summary portion of this report.
APPLICATION DATA
OWNERS: Connie R. & David G. Healow
AGENT: Emarie Skelton, High Plains Architects
PURPOSE: To allow 3 units on a 7,000 square foot lot
LEGAL DESCRIPTION: Block 7, Lot 16-17 of Yegen Second Addition Sub
ADDRESS: 109 S 35th St
EXISTING LAND USE: Residential Multi Family
PROPOSED LAND USE: Residential Multi Family
EXISTING ZONING: R-60
AGENT: Emarie Skelton, High Plains Architects
PURPOSE: To allow 3 units on a 7,000 square foot lot
LEGAL DESCRIPTION: Block 7, Lot 16-17 of Yegen Second Addition Sub
ADDRESS: 109 S 35th St
EXISTING LAND USE: Residential Multi Family
PROPOSED LAND USE: Residential Multi Family
EXISTING ZONING: R-60
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 109 S 35th St. | Zone change 965 | 4/23/18 | From CI to R-60 | y | To allow 2 existing units conforming to zoning |
| SIMILAR PROPERTY |
|||||
| 1048 N 23rd St. | 1225 | 4/6/16 | Lot area for a new 4plex | N | |
| 301 S 32nd St. | 1114 | 3/7/12 | Lot area for existing duplex | Y | |
| 411 S 31st St. | 916 | 12/2/03 | Lot area for 2 exiting duplex | Y | |
| 407 S 31st St. | 1051 | 6/3/09 | Lot area for existing duplex | y |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Controlled Industrial (CI )
Land Use: Residential & Commercial
SOUTH: Zoning: CI & R-60
Land Use: Residential
EAST: Zoning: CI & R-60
Land Use: Residential & Commercial
WEST: Zoning: CI
Land Use: Residential & Commercial
Land Use: Residential & Commercial
SOUTH: Zoning: CI & R-60
Land Use: Residential
EAST: Zoning: CI & R-60
Land Use: Residential & Commercial
WEST: Zoning: CI
Land Use: Residential & Commercial
BACKGROUND
The applicant is requesting a variance from Section 27-308 requiring a minimum lot size of 13,000 square feet (8,500 square feet is required for three atatched units in R-6000) to allow minimum lot size of 7,000 square feet in a Residential-6000 (R-60) zone, on Block 7, Lot 16-17 of Yegen Second Addition Sub., a 7,000 square foot parcel of land. The purpose of the variance is to allow 3 dwelling units on this parcel. Tax ID: A18805.
Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request based on the criteria for variances as presented within this report. Staff finds that the proposed variance request does not meet the criteria for a variance approval. There is no hardship other than a desire to create an additional unit on the existing property. The applicant is proposing to demolish the existing second house and the existing shed and to renovate the primary residence into a tri-plex with a 3 car garage.
In 2018, a zone change was granted changing the property from Controlled Industrial (CI) to R-60 bringing the existing property into conformance with the 2 dwelling units. It was at that time there was a proposal to remove the second dwelling unit, and to renovate and add onto the primary structure to make it into a duplex. There are no topographical issues that would prevent the construction in accordance to the required zoning restrictions. Construction of a three unit building would also trigger a required Special Review approval under the zoning regulations Section 27-308. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request based on the criteria for variances as presented within this report. Staff finds that the proposed variance request does not meet the criteria for a variance approval. There is no hardship other than a desire to create an additional unit on the existing property. The applicant is proposing to demolish the existing second house and the existing shed and to renovate the primary residence into a tri-plex with a 3 car garage.
In 2018, a zone change was granted changing the property from Controlled Industrial (CI) to R-60 bringing the existing property into conformance with the 2 dwelling units. It was at that time there was a proposal to remove the second dwelling unit, and to renovate and add onto the primary structure to make it into a duplex. There are no topographical issues that would prevent the construction in accordance to the required zoning restrictions. Construction of a three unit building would also trigger a required Special Review approval under the zoning regulations Section 27-308. Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area.
SUMMARY
Proposed DETERMINATIONS for Variance 1300;
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 not any special circumstances that exist in this situation other than the applicant would like to upgrade and renovate the existing structures and add a third dwelling unit. The property is currently conforming to the current zoning regulations with two dwelling units on a 7,000 square foot lot.
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;
The subject property is in a district where there have been several lot size variances. There have been variances granted in the surrounding neighborhoods for existing dwelling units and multiple dwelling units. This property is conforming with the existing two units, denying the variance would not deprive the applicants rights commonly enjoyed by other tracts in the same district.
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;
The variance will allow the applicant special privileges. There have not been similar variances granted to allow new additional units.
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 not prepared conditions of approval 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 will be no time limit restrictions as the structures are existing.
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.
The granting of this variance would not allow a use that is not permitted in the zoning district – triplex dwellings are allowed in the R-60 zone on an 8,500 square foot lot with a Special Review Approval.
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 not any special circumstances that exist in this situation other than the applicant would like to upgrade and renovate the existing structures and add a third dwelling unit. The property is currently conforming to the current zoning regulations with two dwelling units on a 7,000 square foot lot.
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;
The subject property is in a district where there have been several lot size variances. There have been variances granted in the surrounding neighborhoods for existing dwelling units and multiple dwelling units. This property is conforming with the existing two units, denying the variance would not deprive the applicants rights commonly enjoyed by other tracts in the same district.
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;
The variance will allow the applicant special privileges. There have not been similar variances granted to allow new additional units.
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 not prepared conditions of approval 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 will be no time limit restrictions as the structures are existing.
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.
The granting of this variance would not allow a use that is not permitted in the zoning district – triplex dwellings are allowed in the R-60 zone on an 8,500 square foot lot with a Special Review Approval.
RECOMMENDATION
Staff recommends denial based on the determinations for variance review.