County Variance 296 – 3720 Basin Creek Rd – Second Principal Structure in RR3  - A variance from Section 27-305, Table 27-300-4 allowing only one principal structure in a Rural Residential 3 (RR3) zone, to allow a second principal structure (dwelling) on Lot 24, Block 1 of Blue Creek Views Major Subdivision, a 4.124 acre parcel of land. The purpose of the variance is to allow a second dwelling to remain on the property. Tax ID: C12844. Presented by Karen Husman, Planner I.

Planning Staff has reviewed this application and is forwarding a recommendation of conditional approval based on the determinations for review within this report.

OWNER: Caleb Bruski 
AGENT: Anna Vickers, IMEG Corp.
PURPOSE: Allow a second dwelling on an RR3 zoned parcel
LEGAL DESCRIPTION: Lot 24, Block 1 of Blue Creek Views Major Subdivision
ADDRESS:3720 Basin Creek Rd  
SIZE OF PARCEL: 4.124 acres
ZONING: RR3
 EXISTING LAND USE: Residential
PROPOSED LAND USE: No change

None

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The applicant is requesting a variance from Section 27-305, Table 27-300-4 allowing only one principal structure in a Rural Residential 3 (RR3) zone, to allow a second principal structure (dwelling) on Lot 24, Block 1 of Blue Creek Views Major Subdivision, a 4.124 acre parcel of land. The purpose of the variance is to allow a second dwelling to remain on the property.

The original house was approved with Zoning Compliance Permit 08-174 and completed in 2009.  The previous zoning of the property was Agricultural Suburban and R-15,000, this was noted on the permit application approval comments; “the easterly portion of this parcel is zoned Residential 15,000 and must meet the restrictions of that zoning for any proposed buildings in that area of the parcel”.

After the zoning code update in 2021, the property was changed entirely to RR3 with the entire subdivision, this restricted the addition of a second dwelling unit on the property.  Although there is no specific hardship of the land, there are other developed property in the vicinity that have two single family dwellings, one in the RR3 district and one in the RR1, both districts now restricted to one single family (principle) structure per parcel, regardless of the size.

The other options for the property would be to subdivide into two parcels, this would require a County Subsequent Minor Subdivision that involves substantial development requirements that would have been cost prohibitive for the applicant. They could also optionally apply for a Special Review to allow an ADU (Accessory Dwelling Unit), but the size restriction for an ADU would not fit the home they have already purchased to place on the site.

Staff did not receive any comments from other departments or any of the property owners notified within the 150 foot notification area surrounding the property. There are comments on record from the Blue Creek Volunteer Fire department during the preapplication meeting for the proposed Subsequent Minor Subdivision, a concern that there may not be sufficient water for fire suppression.

The Board of Adjustment shall make the following determinations prior to granting a variance:

The Per Section 27-1626(D); 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 applicant began the process to add a second dwelling unit to a property under the previous zoning restrictions for Agricultural Suburban zone district.  There are no records of an application for a Zoning Compliance permit and they began excavation for the basement prior to knowledge that zoning would prohibit another dwelling to the property.

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 are no other parcels within this subdivision that have more than one single family dwelling. Staff found one property near the subject property at 3437 Blue Creek Road with two single family dwellings in an RR3 district, and one property at 3784 Jene Helene Avenue with two single family dwellings.  Denying the variance could deprive the applicant of rights enjoyed by a few other tracts in the same district. However, it should be noted, these dwelling were constructed prior to the zoning ordinances that apply to this property currently. Therefore, this alone should not be a sole reason for support of the variance.

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. There are similar developed properties in the area with two single family dwellings that were constructed under the previously adopted zoning code.

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 construct a second dwelling unit on the property that would be in compliance with the current zoning code and acquire a rebuild letter if needed.

Per Section 27-1626 (E): The following also apply:
1. Whenever the County Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.

2. 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.

Staff is recommending the following conditions for the variance request:

1. The variance from Section 27-305, Table 27-300-4, to allow a second principal structure (dwelling). No other variance is intended or implied with this approval.
2. The variance is limited to on Lot 24, Block 1 of Blue Creek Views Major Subdivision, generally located at 3720 Basin Creek Road.
3. The applicants will submit an application for a Zoning Compliance Permit within six months and complete construction within one year of BOA approval.
4. The applicant shall meet all other state and county code requirements with the exception of this variance.
5. 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.

3. The BOA 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.

The applicants will apply for a Zoning Compliance Permit within six months and complete construction within one year of BOA approval.

4. 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.

Approval of this variance will not allow a use that is restricted under the terms of this chapter. The “use” itself of a single family residential home is allowed in the district, the number of principle structures allowed on each parcel in the RR3 district can be approved with a variance.

Planning Staff has reviewed this application and is forwarding a recommendation of conditional approval based on the determinations for review within this report.