|
Regular
|
| Board of Adjustment | |
| Date: | 07/06/2022 |
| Title: | Variance 1347 - 4143 Banbury Place - Build-to Zone |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending conditional approval based on the findings of the variance criteria to increase the front build-to area to allow the front door and living area of a new residence to be more than 50 feet from the front property line in an N2 zone.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request to allow the front door and living area of a new residence to be more than 50 feet from the front property line in an N2 zone, or in other words, allow the front facade or portions of the front facade of the structure to be constructed outside of the required build-to zone per BMCC 27-300.4.A.3, on Lot 17A of Block 1, Legends West Subdivision, a 7,150 sf parcel of land generally located at 4143 Banbury Place. The purpose of the variance is to allow a new residence to comply with the clear vision area at an uncontrolled permanent T intersection of Banbury Place and Legends Way. While the front door and living area may be more than 50 feet from the property line, the code technically addresses the front facade and not specifically the front door. The N2 zone district site and structure standards require the entire front facade of a new structure be within the required build-to zone from the front property line. The build-to zone is a range for the N2 zone district between 10 feet and 20 feet behind the front property line. This requirement also allows an in-fill lot to match the block face average of existing dwelling front setbacks so that new structures can fit into an existing neighborhood. The subject property is on a corner lot adjacent to other structures developed that would not allow the proposed structure to meet the block face averaging allowance within the code. The request is to allow the front facade, not including the garage, to be setback from the property line no more than 52 feet.
The new zoning regulations allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through an administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. There are other properties within the district that have been developed to the previous setback requirements.
Planning staff is recommending conditional approval based on the proposed findings of the variance criteria.
The new zoning regulations allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through an administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. There are other properties within the district that have been developed to the previous setback requirements.
Planning staff is recommending conditional approval based on the proposed findings of the variance criteria.
ALTERNATIVES
The Board of Adjustment may
- Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
- Allow the application to be withdrawn at the request of the applicant; or
- Delay action on the variance application to a future Board meeting.
FISCAL EFFECTS
Approval or denial of the proposed variance will have no effect on the Planning Division budget.
SUMMARY
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)
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.
Applicant: There are no special circumstance with this parcel that does not apply to other parcels in the area. The parcel is a corner lot and the Build to zoning will force us to have a larger less desirable Side yard facing a busier street. This is the last parcel to be developed in the Legends West Subd. and the Homebuilder's Association owns it for the benefit of the Student Built program, a partnership between the Association and School District 2. This is our 47th Career Center home. Our goal is to maintain the continuity of the neighborhood and to build Student friendly homes that have an attainable price point.
Staff: Staff agrees with the applicant. This is the last parcel within this subdivision to be developed. The subdivision consists of dwellings built prior to the new zoning code. Some dwellings meet the new site and structure requirements and some do not. The previous zoning code had a minimum front setback of 20 feet but no maximum. Many of the parcels have homes that are built to the previous setback requirements. This is a corner lot and the building design plans that were purchased for the parcel were chosen to accommodate an incorrect clear vision area assumed for the uncontrolled intersection. The intersection is a permanent "T" uncontrolled intersection and is less restrictive than what was considered when the owners chose the building design.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity.
Staff: This is the first variance requested from the new build-to requirement for the N2 zone district. The previous zoning required minimum setbacks. There is no applicable or similar zoning variance history for this application. The majority of the homes built in this subdivision are not in compliance with the current regulation for "build to" zone, primarily because the garage door portion of the front facade is much closer to the street than the living portion of the dwelling. These homes were constructed under the previous code for minimum setback of 20 feet from the front property line and 10 on the side adjacent to street for corner lots. Denial of the variance would deny this applicant rights commonly enjoyed by other parcels in the same area. An analysis of the Build-to zone averaging that is allowed in the new N2 zone district would require a build-to zone placement of 32 feet as the maximum from the front property line. The build-to zone averaging takes the existing setbacks of the two dwellings on either side of the subject lot and averages those setbacks together to determine the required build-to zone. Since the subject property is a corner lot, only two lots (west) are available for averaging the front build-to zone. The dwelling at 4157 Banbury is setback a maximum of 34 feet (to the front door) and 4171 Banbury Place is setback a maximum of 38 feet, the build-to zone average for this lot would be 36 feet. While the garage doors are setback at 20 feet, the living space and front door are setback more than 50 feet from the front property line.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow this and would also allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity. Granting this Variance will not give any special Privilege to the property.
Staff: This is the last parcel within this subdivision to be developed, the subdivision consists of dwellings built prior to Recode and many of the parcels have homes that are built to the previous setback requirements.The majority of the homes built in this subdivision are not in compliance with the current regulation for "build to" zone. These dwellings were constructed under the previous code for minimum setback of 20 feet from the front property line and 10 on the side adjacent to street for corner lots. Granting this variance will not confer on this applicant any special privilege.
4) That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow this would also allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity. Granting this Variance will not give any special Privilege to the property, this Home will match others within the Neighborhood.
Staff: The proposed site plan is similar to many of the developed parcels within this subdivision. This is the first variance requested from the new build-to requirement for the N2 zone district. The previous zoning required minimum setbacks. The proposed variance is in harmony with the growth policy.
5) In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code.
Planning Staff is recommending the following conditions of approval:
Staff is recommending a 6-month period to apply for a building permit and 1 year to complete the development.
7) Under no circumstances shall the BOA 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 proposed use of the building is an allowed use in the N2 zone district.
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.
Applicant: There are no special circumstance with this parcel that does not apply to other parcels in the area. The parcel is a corner lot and the Build to zoning will force us to have a larger less desirable Side yard facing a busier street. This is the last parcel to be developed in the Legends West Subd. and the Homebuilder's Association owns it for the benefit of the Student Built program, a partnership between the Association and School District 2. This is our 47th Career Center home. Our goal is to maintain the continuity of the neighborhood and to build Student friendly homes that have an attainable price point.
Staff: Staff agrees with the applicant. This is the last parcel within this subdivision to be developed. The subdivision consists of dwellings built prior to the new zoning code. Some dwellings meet the new site and structure requirements and some do not. The previous zoning code had a minimum front setback of 20 feet but no maximum. Many of the parcels have homes that are built to the previous setback requirements. This is a corner lot and the building design plans that were purchased for the parcel were chosen to accommodate an incorrect clear vision area assumed for the uncontrolled intersection. The intersection is a permanent "T" uncontrolled intersection and is less restrictive than what was considered when the owners chose the building design.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity.
Staff: This is the first variance requested from the new build-to requirement for the N2 zone district. The previous zoning required minimum setbacks. There is no applicable or similar zoning variance history for this application. The majority of the homes built in this subdivision are not in compliance with the current regulation for "build to" zone, primarily because the garage door portion of the front facade is much closer to the street than the living portion of the dwelling. These homes were constructed under the previous code for minimum setback of 20 feet from the front property line and 10 on the side adjacent to street for corner lots. Denial of the variance would deny this applicant rights commonly enjoyed by other parcels in the same area. An analysis of the Build-to zone averaging that is allowed in the new N2 zone district would require a build-to zone placement of 32 feet as the maximum from the front property line. The build-to zone averaging takes the existing setbacks of the two dwellings on either side of the subject lot and averages those setbacks together to determine the required build-to zone. Since the subject property is a corner lot, only two lots (west) are available for averaging the front build-to zone. The dwelling at 4157 Banbury is setback a maximum of 34 feet (to the front door) and 4171 Banbury Place is setback a maximum of 38 feet, the build-to zone average for this lot would be 36 feet. While the garage doors are setback at 20 feet, the living space and front door are setback more than 50 feet from the front property line.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow this and would also allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity. Granting this Variance will not give any special Privilege to the property.
Staff: This is the last parcel within this subdivision to be developed, the subdivision consists of dwellings built prior to Recode and many of the parcels have homes that are built to the previous setback requirements.The majority of the homes built in this subdivision are not in compliance with the current regulation for "build to" zone. These dwellings were constructed under the previous code for minimum setback of 20 feet from the front property line and 10 on the side adjacent to street for corner lots. Granting this variance will not confer on this applicant any special privilege.
4) That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
Applicant: Many (over 50%) of homes in this area have the Front door set back farther as N3 zoning would allow this would also allow us to have a larger Front yard facing a less traveled Dead end street (Banbury) as opposed to a side yard that would face a busier through street. (Legends Way) 4171& 4154 Banbury 135, 155, 185, and 191 Legends Way to name a few in very close proximity. Granting this Variance will not give any special Privilege to the property, this Home will match others within the Neighborhood.
Staff: The proposed site plan is similar to many of the developed parcels within this subdivision. This is the first variance requested from the new build-to requirement for the N2 zone district. The previous zoning required minimum setbacks. The proposed variance is in harmony with the growth policy.
5) In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code.
Planning Staff is recommending the following conditions of approval:
- The build-to zone variance is limited to Lot 17A, Block 1, Legends West Subdivision, generally located at 4143 Banbury Place.
- The variance is from Section 27-305 (Table 27-300.4) requiring a build-to zone range of 10 feet to 20 feet from the front property line to allow the door of the living area of the new residence to be more than 50 feet from the front property line in an N2 district. No other variance is intended or implied.
- The structure will be built in substantial conformance to the drawings submitted with this variance request.
- Construction activity will not occur prior to 7 am or after 8 pm daily.
- The applicant/developer shall apply for a building permit within 6 months of Board approval and complete the development within 1 year of Board approval.
- Failure to begin or complete the project according to the time periods within this approval will void the variance.
- The applicant shall meet all other city code requirements for the proposed single family home, with the exception of this variance.
- 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.
Staff is recommending a 6-month period to apply for a building permit and 1 year to complete the development.
7) Under no circumstances shall the BOA 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 proposed use of the building is an allowed use in the N2 zone district.