The purpose of the variance is to allow a residential dwelling to occupy the entire first floor of a structure in a Downtown Support (DX) zone.  The existing structure is being renovated to its original use as a residential duplex with a dwelling in the basement and a dwelling on the first floor.  The structure was built in 1959, prior to zoning.   The original use of the property was a residential duplex, the main floor dwelling unit was converted into a dental office prior to zoning in 1972. The applicant purchased to property to return it to its original use as a two unit structure. In order for the property to be returned to its original use a variance approval is needed, the applicant is requesting approval so that they can continue with the renovations and a rebuild letter can be issued.  There are two similar properties across the alley to the northeast.  2712 7th Avenue North is a duplex structure and 624 North 27th Street, is a triplex, that are both nonconforming to the DX zone regulations.  Prior to Project ReCode, the property was in the Community Commercial (CC) zone district and allowed both the dental office as well as the residential duplex.  The previous code did not restrict the location of the residential portion on the first floor, so the property would have been in conformance as constructed as a duplex.  

Approval or disapproval of the proposed variance should not have an impact of the Planning Division budget.

Proposed DETERMINATIONS for Variance 1338

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 structure was built in 1959, prior to zoning.   The original use of the property was a residential duplex, the main floor dwelling unit was converted into a dental office prior to zoning in 1972. The applicant purchased the property to return it to its original use as a two unit structure. In order for the property to be returned to its original use a variance approval is needed, the applicant is requesting approval so that they can continue with the renovations and 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 are other duplex and multi family structures. There are other properties in the surrounding neighborhoods that have dwelling units on the on the first floor or within 30 feet of the front façade and are 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.  Directly adjacent and on the same block are two other multifamily buildings with dwelling units on the first floor or within the first 30 feet of the front façade.

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 and renovate the building to its original use as a duplex.

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 residential dwelling to occupy the entire first floor of a structure in a Downtown Support (DX) zone. No other variance is intended or implied with this approval.
2. The variance is limited to Lots 13-14, Block 41, Fosters Addition, a 7,000 sf parcel of land, generally located at 2716 7th Avenue North. 
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 – two- family dwellings are allowed in the DX zone.