City Variance 1301- 1302 Jean Avenue.  The applicant is requesting a variance from Section 27-308 requiring a maximum of 30% lot coverage to allow 34% for a new single family dwelling in a Residential -7000 (R-70) zone, on Block 9, Lot 1 of Emma Jean Heights Sub., 3rd Filing, a 9,917 square foot parcel of land, generally located at 1302 Jean Avenue. The purpose of the variance is to allow a larger home on the property. Tax ID: A36352.  Presented by: Karen Husman, Planner I.

Staff recommends denial based on the determinations for variance review.

OWNERS: Michael & Janna Myers
PURPOSE:   To allow 34% lot coverage
LEGAL DESCRIPTION: Block 9, Lot 1, Emma Jean Heights Sub., 3rd Filing.
ADDRESS: 1302 Jean Avenue
EXISTING LAND USE:  Residential single family 
PROPOSED LAND USE: Residential single family
EXISTING ZONING:  R-70

None.

SUBJECT PROPERTY	VARIANCE	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1302 Jean Avenue	None
SIMILAR VARIANCE
Lot 1A-7A,Block1, Hoven Sub/Chickadee Townhomes	708	11/14/94	Lot size reduction	Y

NORTH: Zoning: R-70
Land Use: Residential Single Family
SOUTH: Zoning: R-70
Land Use: Residential Single Family
EAST: Zoning: R-70
Land Use: Residential Single Family 
WEST: Zoning: Zoning: R-70
Land Use: Residential Single Family

The applicant is requesting a variance to allow 34% maximum lot coverage for a new single family dwelling in a Residential -7000 (R-70) zone, on Block 9, Lot 1 of Emma Jean Heights Sub., 3rd Filing, a 9,917 square foot parcel of land. The purpose of the variance is to allow a larger home on the property. 

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 construct a single family dwelling larger than allowed in the district. With the lot size of 9,917 square feet, the maximum 30% lot coverage would allow them a  2,975 square foot (footprint) home. 

There are no topographical issues that would prevent the construction in accordance to the required zoning restrictions.  Granting the variance as requested would confer on this applicant a special privilege denied to other owners in the area. Staff has reviewed 12 of the surrounding subdivisions and found one variance to allow a smaller lot than allowed, for a multi-unit development within a townhome complex. 

Proposed DETERMINATIONS for Variance 1301;
 
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 construct a home larger than allowed.  
 
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 not been similar variances granted. 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 build a new single family dwelling larger than allowed in the 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 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 for 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.
The granting of this variance would not allow a use that is not permitted in the zoning district. Single-family dwellings are allowed in the R-70 zone on a 9,917 square foot parcel.

Planning staff has reviewed this variance and is forwarding a recommendation of denial of the request based on the criteria for variances as presented in the summary portion of this report.