City Variance 1327 - 3002 Alpine Drive - A variance from 27-308 requiring a maximum lot coverage of 30% to allow 33% lot coverage, and from 27-310(i) requiring an 8-foot side and rear setback for a detached structure to allow 3-foot side setback and 0’ rear setback for a detached accessory structure in a Residential-9600 (R-96) zone, on Block 1, Lot 2A Amended, Reimers Park Subdivision, an 13,660 square foot parcel of land. The purpose of the variance is to allow lot coverage of 33%, a side setback of 3 feet and a rear setback of 0 feet for a detached structure 18 feet in height. Tax ID: A13162. Presented by; Karen Husman, Planner I.

Staff recommends conditional approval of the variance based on the determinations within the summary section of this report.

OWNERS: Kevin & Lynda Willms
AGENT: Samuel Hensler, PE & Kyle Huss
PURPOSE: Lot coverage of 33% & rear setback of 0 feet and side setback of 3 feet for a detached structure 18’ in height
LEGAL DESCRIPTION:  Block 1, Lot 2A Amended, Reimers Park Subdivision
ADDRESS: 3002 Alpine Drive
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
3629 Vickory Dr.	811	1/5/00	SB	Y
2607 Treasure	861	2/5/02	SB	Y	Side adjacent to street
2404 Quinn	932	5/6/04	LC 31%	Y

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

The applicant is asking for a variance to allow a maximum lot coverage of 33%, and to allow a 3-foot side setback and 0-foot rear setback for a detached accessory structure of 18 feet in height or more in an R-96 zone, on a 13,660 square foot parcel of land. The purpose of the variance is to allow construction of a new 1,000 square foot detached accessory structure.  

The applicant states the garage would be 22 feet at the roof peak and would be adjacent to the rear property line. Records indicate there is an existing platted alley at the rear of the property that has not been constructed, making a zero setback to the rear an acceptable request as it is conforming to the current code for structures of less than 18 feet in height. Current code requires a minimum 6-foot rear setback for a detached accessory structure of 18 feet or more even when an alley exists but not constructed. The proposed zoning code allows a 0-foot rear setback for accessory buildings adjacent to an alley. The current lot coverage of 3,472 square feet of structure is about 25% of the total lot area. The requested 33% would allow a maximum lot coverage of 4,472 square feet. Under the new zoning code, this property would be “N3” zoning and the N3 zone district allows 40% lot coverage. The current code requires a minimum 8-foot side setback and a 6-foot rear setback for detached accessory structures of 18 feet in height or more. The new zoning code requires a 5-foot side setback for a detached accessory structure and allows a 0-foot rear setback where there is an alley, irrespective of the building height.  

In order to begin construction prior to implementation of the new code, this variance approval is necessary for the lot coverage increase, the side setback reduction from 8 feet to 3 feet and the rear setback from 6 feet to 0 feet. Once the new code is adopted, this variance will be necessary only to allow the 3-foot side setback for the new structure.  
 

VARIANCE #1327 DETERMINATIONS
The Board of Adjustment (BOA) 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 wishes to add a new 1,000 square foot detached garage. There is an underground ditch - Cove Ditch - that runs beneath the backyard from northwest to the southeast. This underground structure restricts the size of any building proposed for this area of the 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;
There have been other variances granted in the surrounding subdivisions.  These variances were for setbacks and exceeding maximum lot coverage.
 
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 to allow 33% lot coverage will not allow the applicant any special privileges. One similar variance 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.
 
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:

1. The variance is to increase maximum lot coverage from 30% to 33%, to reduce the required 8-foot side setback to a 3-foot side setback, and to reduce the required rear setback from 6 feet to 0 feet for a structure of 18 feet in height or more to allow a new detached garage of no greater than 1,000 square feet.  No other variance is intended or implied with this approval.
2. The variance is limited to Block 1, Lot 2A Amended, Reimers Park Subdivision. generally located at 3002 Alpine Drive.   
3. The applicant will submit and obtain a building permit for the new garage within 1 year and have it completed within 2 years.
4. The applicant will submit a site plan for building permit approval in substantial conformance with the site plan submitted for this variance.
5. The applicant will provide documentation from the Cove Ditch Company that they approve the request to locate a structure as shown on the site plan in proximity to the ditch.
6. Construction activity will not occur prior to 7 am or after 8 pm daily.
7. The applicant shall meet all other city code requirements for the proposed addition with the exception of this variance.
8. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.    
9. 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
The applicant will submit and obtain a building permit within 1 year and have it completed within 2 years of BOA approval.
 
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 with detached garages are allowed in the R-96 zone.

Staff recommends conditional approval of the variance based on the determinations within the summary section of this report.