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Regular
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| Board of Adjustment | |
| Date: | 12/07/2022 |
| Title: | City Variance 1352 - 198 Mountain View Blvd - renewal of previous variance for detached garage setback |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1352 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance 27-306 – Table 27-300.5 requiring the location of a detached accessory building to be in the rear yard and from the minimum front setback of 20 feet for any structure to allow a front yard location and a 0 (zero) foot front setback for the reconstruction and expansion of an existing detached garage in a Suburban Neighborhood Residential (N3) zone, on C/S 575, Parcel 39B, a 10,790 square foot parcel of land. A previous variance (Var 1371) for this structure was approved on July 1, 2020. The applicant could not start the project within the time period allowed due to COVID-19 related materials and labor shortages.
The purpose of the variance is to allow an existing garage to be reconstructed in the same location with an addition. The physical limitations of this property include some extremely steep slopes on the rear portion of the property. The previous variance was granted at the beginning of the COVID-19 pandemic and the owner could not meet the required deadlines of the variance. The approval required the owner to apply for a building permit within 1 year and complete the construction within 2 years. The applicant submitted and received an encroachment permit from the Engineering Division in 2020 after the variance approval. In September 2022, a demolition permit was received and approved to remove the existing garage. A building permit was submitted for the new detached garage in September as well, but the Planning Division can not approve this permit as it was submitted outside the time limit permitted by the original variance. There is no substantial change from the original site plan and building plan submitted.
Planning staff is recommending approval based on the review criteria for variances and findings of the criteria. This lot has a substantial geographic hardship with slopes on the rear property and the slow, but steady geologic movement of the rims face to the south. There have been other setback variances granted in this area for both principal and accessory structures. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area.
APPLICATION DATA
OWNERS: Lisa Lavinder
AGENT: Kevin Beebe
PURPOSE: Detached garage on 0’ property line for existing structure
LEGAL DESCRIPTION: COS 575 parcel 39B
ADDRESS: 198 Mountain View Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same
EXISTING ZONING: N3
CONCURRENT APPLICATIONS
BP-22-03974 - new detached garage permit
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3
Land Use: Vacant - slide zone from rims
SOUTH: Zoning: Public 1
Land Use: Parkland
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
Land Use: Residential
The purpose of the variance is to allow an existing garage to be reconstructed in the same location with an addition. The physical limitations of this property include some extremely steep slopes on the rear portion of the property. The previous variance was granted at the beginning of the COVID-19 pandemic and the owner could not meet the required deadlines of the variance. The approval required the owner to apply for a building permit within 1 year and complete the construction within 2 years. The applicant submitted and received an encroachment permit from the Engineering Division in 2020 after the variance approval. In September 2022, a demolition permit was received and approved to remove the existing garage. A building permit was submitted for the new detached garage in September as well, but the Planning Division can not approve this permit as it was submitted outside the time limit permitted by the original variance. There is no substantial change from the original site plan and building plan submitted.
Planning staff is recommending approval based on the review criteria for variances and findings of the criteria. This lot has a substantial geographic hardship with slopes on the rear property and the slow, but steady geologic movement of the rims face to the south. There have been other setback variances granted in this area for both principal and accessory structures. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area.
APPLICATION DATA
OWNERS: Lisa Lavinder
AGENT: Kevin Beebe
PURPOSE: Detached garage on 0’ property line for existing structure
LEGAL DESCRIPTION: COS 575 parcel 39B
ADDRESS: 198 Mountain View Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same
EXISTING ZONING: N3
CONCURRENT APPLICATIONS
BP-22-03974 - new detached garage permit
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3
Land Use: Vacant - slide zone from rims
SOUTH: Zoning: Public 1
Land Use: Parkland
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
Land Use: Residential
STAKEHOLDERS
Planning staff has not received any comment from the surrounding property owners as of the date of this report. The Board of Adjustment will hold a public hearing prior to taking action on the item.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve the request variance and adopt the recommended findings of the review criteria; or
- Deny the variance and adopt different findings of the review criteria; or
- Delay action on the variance to the next scheduled Board meeting; or
- Allow the applicant to withdraw.
FISCAL EFFECTS
The Planning Division budget will not be effected by the Board's decision on this variance.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 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.
The subject property does have unique topographic features or circumstances that are relevant in the review of this variance request. The rear portion of the property has a steep slope and constructing any structure in this area would be hazardous and inaccessible from the front property line.
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 applied for and approved within the surrounding area, including the subject property and Panoramic Heights Subdivision (adjacent to Certificate of Survey 575). Granting this variance would be consistent with limitations placed on other lots in the same zoning district.
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.
The granting of this variance will not confer a special privilege since similar variances have been granted in the vicinity of this property. There are also at least two other properties on the same street that have garages built over the front property line without the benefit of a variance.Section 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.
The subject property does have unique topographic features or circumstances that are relevant in the review of this variance request. The rear portion of the property has a steep slope and constructing any structure in this area would be hazardous and inaccessible from the front property line.
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 applied for and approved within the surrounding area, including the subject property and Panoramic Heights Subdivision (adjacent to Certificate of Survey 575). Granting this variance would be consistent with limitations placed on other lots in the same zoning district.
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.
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 Policy.
Granting of this variance application is compatible with the goals of the 2016 Growth Policy. Allowing continued investment in residential property supports a use that is compatible with the neighborhood. Granting this variance should also be in harmony with the general purpose and intent of the Zoning Regulations.
Section 27-1627.E
2) In granting any variance, the Board 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;
Staff is recommending several conditions for the variance request:
1. This approval is to allow a front setback of 0’ for an existing detached structure to remain and to be reconstructed in the same location with an additional space. No other variance is intended or implied.
2. The variance is limited to Parcel 39B of COS 575, generally located at 198 Mountain View Blvd.
3. The applicant will apply for and receive approval for a building permit within 1 year and complete construction within 3 years of BOA approval. Failure to meet the time limits of this condition will void the variance.
4. There will be no construction activities before 7 a.m. or after 8 p.m. daily.
5. The applicant shall meet all other city code requirements in place at the time of construction except for the variance granted herein.
6. 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, leaseholders, heirs and assigns.
3) 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 recommending the applicant have 1 year to receive approval of a building permit and 3 years to complete the project.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties 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 uses in this zone district.