Return Item; City Variance 1322-2621 Downer Lane-A variance from 27-310(i) requiring an 8-foot side setback on a detached accessory structure over 18 feet in height to allow a 3-foot side setback in a Residetial-9600 (R-96) zone, on Lot 4 of Downer Acres, an 11,292 square foot parcel of land. The purpose of the variance is to allow renovation and addition to an existing garage, or remove and replace the detached garage in the same location. Tax ID: A06379

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 this memo.  

OWNERS: Thomas J. & Janet Blankenship
AGENT: Jeff Wollschlager, A-Line
PURPOSE: The purpose of the variance is to allow a new detached garage or renovate the existing garage in the same location
LEGAL DESCRIPTION: Lot 4 of Downer Acres Sub
ADDRESS: 2621 Downer Lane
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
2720 Downer Lane	215	7/31/79	Rear sb, 10’	Y
2725 Doreen	311	4/27/82	Rear sb, 14’	Y
2410 Rimrock Rd.	903	8/5/03	Side sb, 2’	WD
3004 Brentwood	576	10/25/88	Side sb, 6’	Y	SB for 2 story
2515 Rancho Rd.	None	n/a	Fr. SB < 10’	N/A	Garage & house less than 20 feet from ROW

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

This is a variance request from a minimum 8-foot setback from the side property line in an R-96 zone to allow a 3-foot side setback for a detached garage more than 18 feet in height. The applicant is requesting the variance to allow removal or renovation of an existing garage and rebuilding in the same location a new, slightly larger garage.  There have been similar variances granted in the surrounding neighborhoods, granting the variance would not be out of character for the neighborhood. 

The Board, at its January 6, 2021, meeting, voted to delay action on this variance in order to confirm the applicant’s intention to remove and rebuild the garage or remodel and enlarge the existing garage.  The board also asked staff to confirm the actual proposed height and to determine if the structure could be relocated on the lot to accommodate the setback requirement.  Staff has been in contact with the applicant and discussed the plans in more detail as per the BOA members requests.  The plan is to renovate the existing garage from a 24’x24’ garage which has an attic storage area into a 24’x36’ garage with an enlarged bonus space above the garage. The bonus space will be approximately 665 square feet and would not be used as living space.  The applicant’s agent confirmed the overall height of the structure would be no higher than 24’ at its highest point, and the wall height would not exceed the wall height of the existing residential structure.

Proposed DETERMINATIONS for Variance 1322
 
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 existing structure was built in 1956, prior to zoning regulations.  The property owner would like to remove the old garage or renovate and add square footage, or rebuild a new garage in the same location.
 
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 subdivision where much of the development occurred in the 1950’s. There have been similar variances granted in the surrounding neighborhoods. 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 variances have been granted 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 rebuild the existing garage and bring the property into conformance with the current zoning code and acquire a rebuild letter for financing purposes.
 
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. This approval is to allow a variance from Section 27-308 requiring a minimum 8 foot setback from the side property line in a Residential – 9600 (R-96) zone to allow 3 foot side setback. No other variance is intended or implied.
2. The variance is limited to Lot 4 of Downer Acres, 2624 Downer Lane.
3. The applicant will apply for and receive approval of a building permit within 1 year and complete construction within 2 years of BOA approval. Failure to meet the time limits of this condition will void the variance.
4. The garage shall be constructed in substantial compliance with the plans submitted with this application.
5. There will be no construction activities prior to 7:00am or after 8:00 PM daily.
6. The applicant shall meet all other city code requirements with the exception of this variance.
7. 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;
Staff is proposing a time limit of one year acquire building permit approval and two years to complete construction.
 
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 – detached garages are allowed in the R-96 zone district.

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