|
Regular
|
| Board of Adjustment | |
| Date: | 12/07/2022 |
| Title: | City Variance 1353 - 426 Indian Trail - location of detached accessory garage |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1353 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance from 27-306 – Table 27-300.5 requiring the location of a detached accessory building to be in the rear yard to allow a side yard location for a new 994 square foot garage in a Suburban Neighborhood Residential (N3) zone, on Lot 15, Block 5 of Spring Valley Sub, a 14,392 square foot parcel of land. The property is on the inside curve where Indian Trail changes from and east/west direction to a north/south direction. The property has a long curved front property line and two side property lines. It is an unusual pie-shaped property. The only available building space on the property is to the east of the dwelling in what is considered the street-side yard. The applicant cannot reasonably attach the proposed new garage due to utility lines and interior spaces within the dwelling.
The subdivision was developed in the 1970s and many homes are split-level or ranch style homes. Most were constructed with 2 or 3-car attached garages. A few have also constructed detached garages and all are on corner lots including 560 Wigwam Trail and 650 Teepee Trail. The applicant submitted a building permit and learned of the yard location requirement as part of the plan review. The permit is still pending. The setbacks from all property lines and from the existing dwelling are sufficient, but the zoning code does not allow detached accessory buildings in the side yards or front yards of existing dwellings. The code requires these to be either attached to the dwelling or in the rear yard. The rear yard is the area behind the dwelling and between the required side yards or side yard and street side yard. The rear yard is an impractical location given the shape of the lot and the existing dwelling.
The applicant submitted the covenants and restrictions that apply to the subdivision and there is no prohibition on detached accessory buildings. None of the other detached accessory buildings in this subdivision were built in a rear yard. Since two examples are available (noted above), both have the detached accessory building in the street side yard, similar to what is proposed for this location.
APPLICATION DATA
OWNERS: Thomas and Daleen Heitz
AGENT: None
PURPOSE: Detached garage in street side yard
LEGAL DESCRIPTION: Spring Valley Sub Block 5, Lot 15
ADDRESS: 426 Indian Trail
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same with 994 sf detached garage
EXISTING ZONING: N3
CONCURRENT APPLICATIONS
BP-22-04151 - new detached garage permit
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3
Land Use: Residential
SOUTH: Zoning: N3
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
Land Use: Residential
Planning staff is recommending approval based on the review criteria for variances. This lot has an unusual shape and placement of the home on the lot creates a geographic hardship. There is not enough access to or room in the rear yard to construct a detached garage. There is no feasible or practical way to attach the proposed garage. There have been other setback and location 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.
The subdivision was developed in the 1970s and many homes are split-level or ranch style homes. Most were constructed with 2 or 3-car attached garages. A few have also constructed detached garages and all are on corner lots including 560 Wigwam Trail and 650 Teepee Trail. The applicant submitted a building permit and learned of the yard location requirement as part of the plan review. The permit is still pending. The setbacks from all property lines and from the existing dwelling are sufficient, but the zoning code does not allow detached accessory buildings in the side yards or front yards of existing dwellings. The code requires these to be either attached to the dwelling or in the rear yard. The rear yard is the area behind the dwelling and between the required side yards or side yard and street side yard. The rear yard is an impractical location given the shape of the lot and the existing dwelling.
The applicant submitted the covenants and restrictions that apply to the subdivision and there is no prohibition on detached accessory buildings. None of the other detached accessory buildings in this subdivision were built in a rear yard. Since two examples are available (noted above), both have the detached accessory building in the street side yard, similar to what is proposed for this location.
APPLICATION DATA
OWNERS: Thomas and Daleen Heitz
AGENT: None
PURPOSE: Detached garage in street side yard
LEGAL DESCRIPTION: Spring Valley Sub Block 5, Lot 15
ADDRESS: 426 Indian Trail
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same with 994 sf detached garage
EXISTING ZONING: N3
CONCURRENT APPLICATIONS
BP-22-04151 - new detached garage permit
SURROUNDING ZONING & LAND USE
NORTH: Zoning: N3
Land Use: Residential
SOUTH: Zoning: N3
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
Land Use: Residential
Planning staff is recommending approval based on the review criteria for variances. This lot has an unusual shape and placement of the home on the lot creates a geographic hardship. There is not enough access to or room in the rear yard to construct a detached garage. There is no feasible or practical way to attach the proposed garage. There have been other setback and location 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.
STAKEHOLDERS
Planning staff has not received any comments on the application as of the date of this report. The Board of Adjustment will hold a public hearing prior to acting on the request.
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 and circumstances that are relevant in the review of this variance request. The lot is pie shaped with only a front lot line and two side property lines. The rear yard is not easily accessible or practical for the placement of a detached garaged. There is no feasible or practical way to attached the proposed garage to the east side of the dwelling.
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 numerous setback variance and a location variance for a grape arbor in the Alkali Creek Subdivision. 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 in the Spring Valley Subdivision with detached garages placed in the street side yards.
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 the placement of a detached garage in a street side yard. No other variance is intended or implied.
2. The variance is limited to Lot 15, Block 5 of Spring Valley Subdivision, generally located at 426 Indian Trail.
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.
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 and circumstances that are relevant in the review of this variance request. The lot is pie shaped with only a front lot line and two side property lines. The rear yard is not easily accessible or practical for the placement of a detached garaged. There is no feasible or practical way to attached the proposed garage to the east side of the dwelling.
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 numerous setback variance and a location variance for a grape arbor in the Alkali Creek Subdivision. 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 in the Spring Valley Subdivision with detached garages placed in the street side yards.
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 the placement of a detached garage in a street side yard. No other variance is intended or implied.
2. The variance is limited to Lot 15, Block 5 of Spring Valley Subdivision, generally located at 426 Indian Trail.
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.