Variance 1325- 2607 Copper Blvd - The applicant is requesting a variance from 27-308 requiring a minimum lot size of 19,200 square feet for two single family dwellings, to allow a minimum lot size of 6,250 square feet, and from 27-308 requiring a 20-foot rear setback to allow a 3-foot rear setback in a Residential-9600 (R-96) zone, on Block 3, Lots 25-26, Amvet Park Sub, a 6,250 square foot parcel of land. The purpose of the variance is to allow two existing single-family dwellings to be reconstructed in order to acquire a rebuild letter. Tax ID: A02310.  Presented by; Karen Husman, Planner I.

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within the summary portion of this report.  

OWNERS: Helen M. Peterson
AGENT: Dislorei Small & Rodriguez & Kevin Lonebear
PURPOSE:  To allow 2 existing SFD’s to remain and be rebuilt on the property.
LEGAL DESCRIPTION: Bk. 3, Lts 25-26, Amvet Park Sub
ADDRESS: 2607 Copper Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
3317 Vickery	150	6/28/77	Rear sb 1’	Y
3317 Vickery	361	5/31/83	Rear sb 0	Y
2726 Roth	None		Duplex	NA	Duplex in R96 (built 1974)
3219 Vickery	None		Townhome	NA	Built 1962

NORTH: Zoning: R-96
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: R-96
Land Use: Residential
WEST: Zoning: R-69
Land Use: Residential

The applicant is requesting a variance from to allow the existing two single family dwellings to remain on the lot.  The rear house was constructed in 1947, and the front house was constructed in 1950, before zoning regulations were in place.  There have been other lot size variances approved in similar areas in the district.  There have been similar variance for rear setbacks in the adjacent neighborhoods.  The variance for this parcel would not negatively affect the neighborhood, as the buildings themselves already exist.  The applicant is requesting the variance in order to obtain a rebuild letter for financing purposes.

Proposed DETERMINATIONS for Variance 1325;
 
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 structures were built in 1947 and 1950, prior to zoning.   In order for the property to be reconstructed as it is, the applicant is requesting approval so that a rebuild letter can be issued.
 
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 setback variances. There are other properties in the surrounding neighborhoods that have two dwelling units on lots not conforming to the zoning restrictions.  Denying the variance would deprive the applicant of 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 not allow the applicant any special privileges. Similar developed properties exist in the area. 
 
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 in harmony with the general purpose and intent of the zoning regulations and the growth policy.  Approval of this variance would allow the applicant to bring the property into conformance with the current zoning code.
 
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 is recommending the following conditions for the variance request:

1. The variance is to allow a minimum lot area of 6,250 square feet for 2 single family dwellings and 3-foot rear setback for the easterly single family dwelling. No other variance is intended or implied with this approval.
2. The variance is limited to Block 3, Lots 25-26 of Amvet Park Sub., 2607 Copper Blvd. 
3. The applicant shall meet all other city code requirements with the exception of this variance.
4. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

 
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 structure is already constructed.
 
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 allowed in the zoning district – single family dwellings are allowed in the R-96 zone.

Staff recomends conditional approval based on the determinations detailed within this report.