City Variance 1363 – A variance request from Section 27-1002, and Table 27-1000.1 requiring any residential use in a CMU1 zone district be located at least 30 feet behind the front facade, on the East ½ of Lot 10, Block 1 Key City Subdivision, a 9,618 sf parcel of land. The variance would allow the owner to re-build a severely damaged residential structure without building a mixed use structure. Tax ID: C00709

The purpose of the variance is to allow a residential dwelling to occupy the entire first floor of a structure in a Corridor Mixed Use (CMU1) zone.  The existing structure had substantial flood damage and they would like to demolish the remains and rebuild a new single family dwelling in its place.   The original use of the property was a residential single family dwelling built in 1959, prior to zoning.   In order for the property to be returned to its original use, a variance approval is needed. The applicant is requesting approval so that they can continue with the plans to reconstruct and a rebuild letter can be issued.   The previous code did not restrict the location of the residential portion, so the property would have been in conformance as constructed when zoning was originally implemented in 1972.  

APPLICATION DATA
OWNER:     Moonrise Properties
AGENT:    Jeff Wollschlager, A-Line
PURPOSE:   Rebuild a single family dwelling
LEGAL DESCRIPTION:   East ½ of Lot 10, Block 1 Key City Subdivision
ADDRESS:      636 Key City Dr.
SIZE OF PARCEL:   9,618 sf
ZONING:        CMU1
EXISTING LAND USE:  Residential single family
PROPOSED LAND USE:  Residential Single family

CONCURRENT APPLICATIONS
None

APPLICABLE ZONING HISTORY
See attachments.

SURROUNDING ZONING & LAND USE
NORTH:         Zoning:      CMU1
                        Land Use:  Single Family Residential
SOUTH:          Zoning:     CX
                        Land Use:  Multi purpose retail
EAST:             Zoning:     CMU1
                        Land Use:  Single Family Residential
WEST:            Zoning:          CX & CMU1
                       Land Use:  Single Family residential (North), Auto Repair equip sales (South)

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. 

The Board of Adjustment may:

• Conditionally approve the requested 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.

Approval or disapproval of the proposed variance should not have an impact of the Planning Division budget.

Proposed DETERMINATIONS for Variance 1363

The Board of Adjustment shall make the following determinations prior to granting a variance:
BMCC-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;
There are not any special circumstances that exist in this situation other than the structure was built in 1959, prior to zoning. The original use of the property was a residential single family dwelling. The applicant is requesting approval so that they can acquire a building permit to continue with reconstructing the single family dwelling that was severely damaged by flooding and will be demolished and a rebuild letter can be issued.

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;
The subject property is in a district where there are other single family structures. The adoption of the new code envisions this area as a place where people live and work. The property has never had a commercial component in the past so to build to the code would require commercial space in the front of the building. For property that has been used only as residential this could be challenging to overcome. There are other properties in the surrounding neighborhoods that have dwelling units on the first floor or within 30 feet of the front façade and are not conforming to the zoning restrictions. Denying the variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district.

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. Similar developed properties exist in the area. Directly adjacent and on the same block are several other single family buildings with dwelling units on the first floor or within the first 30 feet of the front façade.

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 reconstruct a flooded and damaged structure to its original single family dwelling status.

BMCC 27-1627.E:
1) Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
Minutes will be recorded in the permanent file when completed.

2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. 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 Chapter;
Staff is recommending the following conditions for the variance request:
1. The variance is to allow a residential dwelling to occupy the entire first floor of a structure in a CMU1 zone. No other variance is intended or implied with this approval.
2. The variance is limited to the East ½ of Lot 10, Block 1 Key City Sub, a 9,618 sf parcel of land, generally located at 636 Key City Drive.
3. The approval is to allow the reconstruction of the existing structure in its current location within the existing footprint of the original building.
4. A building permit shall be obtained within 6 months and all construction and renovations shall be completed within 1 year of BOA approval.
5. The applicant shall meet all other city code requirements with the exception of this variance.
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, lease holders, 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; and
A building permit shall be obtained within 6 months and all construction and renovations shall be completed within 1 year of BOA approval.

4.            Under no circumstances shall the Board 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 granting of this variance would not allow a use that is not allowed in the zoning district, single-family dwellings are allowed in the CMU1 zone.