Planning staff recommends conditional approval of Variance 1354 and adoption of the findings of the review criteria.
 

This is a variance from 27-306 – Table 27-300.5 requiring a maximum of 40% lot coverage to allow a maximum of 2,498 square feet of lot coverage (~41.5%) for a proposed addition to an existing residence in a Suburban Neighborhood Residential (N3) zone, on Lot 7, Block 3 Trails West Sub 1st Filing, a 6,030 square foot parcel of land. The additional lot coverage will allow a 192 square foot addition to the rear of the dwelling for a dining area. The lot is a similar size to others within this subdivision and is a regular shape. The previous zoning R-60-R permitted lots of 6,000 square feet with only single family dwelling as an allowed use. The zone district allowed up to 40% lot coverage. Most original construction maximized the lot coverage. The new zoning is N3 that has no set lot area but also limits the total lot coverage to 40% and the use to single family dwellings. There is no particular hardship with the property other than the lot is only 6,030 square feet and the existing home is large with a 3-car attached garage and over 1,200 square feet of living space.

The owner applied for a building permit for the proposed addition in September when it was discovered the 192 sf addition would bring the footprint over the maximum lot coverage of 40% or 2,412 sf. Staff review of the subdivision revealed at least six other properties with less than 100 sf of lot coverage available and two that have exceeded lot coverage by 180 to 200 sf or 2% to 3% over the maximum. The lot coverage percentages on these other properties was not due to a plan review error, but due to the addition of sheds or outbuildings that did not require any building permit review. The overages are small and do not have an impact on adjacent properties. The amount requested by this owner is similar to the lots that have exceeded the 40% lot coverage maximum. There are no variances of record for Trails West Subdivision. Foxtail Village Subdivision to the north of Trails West has similar lots and building design. A side setback variance was granted in Foxtail Village for a patio cover (Variance 1123 in 2012 for 5813 Kit Lnae S). Lots in Cottonwood Grove Subdivision to the northeast have been granted variances for maximum projections of stairs or decks into yards and for setbacks. A lot in Vintage Estates to the east was granted a lot coverage variance and a setback variance for a new dwelling (Variance 1275 in 2018 for 5205 Cabernet). A lot coverage variance to allow 32% lot coverage for a lot in Copper Ridge Subdivision was denied in 2009 (Variance 1044 - 6737 Cove Creek Dr). Two other similar variances were denied in the Copper Ridge or Falcon Ridge subdivisions north and west of the Rimrock Road at 62nd St West. The code update in 2021 now allows 40% lot coverage in the N2 and N3 residential zone districts, 50% in the RMH zone and the four other residential districts allow 60% lot coverage. The four requested variances that were previously denied would no longer need to apply for variances under the new code requirements.

Planning staff is recommending approval based on the review criteria for variances. While there is no substantial hardship with this lot that does not apply to other lots in the area, at least two other lots in the subdivision have exceeded lot coverage maximum by similar amounts without the benefit of a formal variance. There have been a few small lot coverage variances in the area. Denying this request could deprive this applicant of rights commonly enjoyed by other property in the area.

APPLICATION DATA
OWNERS: Michael and LaRona Mahon
AGENT: None
PURPOSE: Dining room addition of 192 square feet
LEGAL DESCRIPTION: Lot 7, Block 3 Trails West Subdivision 1st Filing
ADDRESS: 5821 Shooting Star Trail
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same
EXISTING ZONING: N3

CONCURRENT APPLICATIONS
BP-22-03691 - dining room addition

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 has not received any comment from the surrounding property owners as of the date of this report.
 

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.

Four votes in favor are required to approve any variance. If a variance is denied, the applicant must wait one year to reapply for the same variance.
 

The Planning Division budget will not be effected by the Board's decision on this variance.
 

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 not have a hardship which is peculiar to this lot. It is similar in size and shape to other lots within the area. At least six other lots in the subdivision have been built to or close to the maximum allowed lot coverage. At least two other lots in the subdivision have inadvertently exceeded the 40% maximum lot coverage through placement of structures that did not require building permits.

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, and at least two lots in the subdivision that are over the maximum 40% lot coverage by a similar amount but have not been granted variances. These small lot coverage overages were due to shed or outbuildings that did not require building permits. 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 including in Vintage Estates and Foxtail Village. There are at least two other properties in the subdivision that are over 40% lot coverage by 1 or 2 percent without the benefit of a variance.

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 2,498 square feet of lot coverage (~41.5%). No other variance is intended or implied.
2. The variance is limited to Lot 7, Block 3 of Trails West Subdivision 1st Filing, generally located at 5821 Shooting Start 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. Dining room space for a home is an allowed uses in this zone district.