Motion. ( Return Item) - County Variance #277– 321 Calypso Street, Nicole Cromwell, Zoning Coordinator - A variance from Section 27-310(j) requiring a minimum side and rear setback of 8 feet for a detached garage over 18 feet in height to allow a 3.5 foot side and rear setback, and from Section 27-310(j) requiring a maximum foot print of 1,500 for any detached garage to allow a 2,100 square foot detached garage in a Residential 15,000 (R-150) zone, on Lot 1, Block 7 of Wells Garden Estates, 4th Filing. The property is a 26,441 square foot parcel of land.
 

The Planning Division is recommending denial of the requested variances based on the findings of the 7 criteria for Variance 277.

OWNER: Todd Carlson
AGENT: Tom Stusek
LEGAL DESCRIPTION: Lot 1, Block 7, Wells Garden Estates, 4th FIling
ADDRESS: 321 Calypso Street
CURRENT ZONING: R-150
EXISTING LAND USE: Single family dwelling with attached garage
PROPOSED USE: Same with 2,100 square foot detach garage
SIZE OF PARCEL: 26,441 square feet

A Zoning Compliance Permit (PLN-15-02231) - corrections sent to owner/builder on May 11, 2015.

The subject property is part of the Wells Garden Estates Subdivision, 4th Filing and has been zoned R-150 since the platting of the subdivision. Staff found 1 variance application on file within the subdivision. This variance was for a side adjacent to street setback for a small detached shed to reduce the setback to 5.5 feet. The shed was under construction and the property owner became aware of the incorrect setback. The variance was denied onJune 8, 1990, and the detached shed was moved to meet the 10 foot setback requirement. Two similar variances in surrounding subdivisions have been approved. One was approved for 606 48th Street West to increase the size of a detached garage to 1,500 square feet on a 3 acre parcel of land in a R-150 zone. The garage met the minimum setbacks. The variance was approved in 1999, prior to the change in the zoning regulations that now allows detached garages up to 1,500 square feet on lots of at least 1 acre. Another variance was approved for property in Shiloh Estates to allow a detached garage on a 1-acre property at 4131 Wells Place. The variance approved a 1,300 square foot garage and the garage met the required setbacks.

NORTH:	Zoning: R-150 Land Use: Single family homes
SOUTH:	Zoning: R-150 Land Use: Single family homes
EAST:	Zoning: R-150 Land Use: Single family homes
WEST:	Zoning: R-150 Land Use: Single family homes

Mr. Carlson started construction in the spring of 2015 on a 2,140 square foot detached garage in the north east corner of his property at 321 Calypso Street. Mr. Carlson was not aware of the requirement to apply for a Zoning Compliance Permit or of the required setbacks and maximum building area at the time construction started. A complaint was filed with the County Code Enforcement office and Mr. Carlson subsequently submitted a permit for approval with the Planning Division on April 22, 2015. The permit was reviewed and the noncompliance with size and setbacks was sent by letter to Mr. Carlson on May 11, 2015. He was informed of his option to apply for a variance and he submitted the application on August 3, 2015.

The garage under construction is intended to store Mr. Carlson's collectible and antique cars. The structure has been framed and mostly enclosed but siding, roofing, and interior finishing is not yet complete. The structure is over 18 feet in height and according to the zoning regulations must be setback at least 8 feet from the side and rear property lines. The structure is about 3.5 feet from the rear and side property lines. The structure site plan shows a 2,140 square foot building with a drive approach from Hazelnut Street. The maximum square footage allowed in the R-150 zone is based on the lot size. Lots of less than 1 acre must calculate the maximum foot print based on its acreage increment. This size lot, 26,441 square feet, would allow a 1,238 square foot detached garage. The maximum foot print calculation does not apply in the AS or A-1 zoning districts but does apply in all other residential zones in the County up to a maximum of 1,500 per detached structure.

Mr. Carlson has not stated a hardship with the land that prevents him from constructing the garage at the correct setback or within the maximum size allowed for this size property. An example of a hardship with t-he land would be the location of poor soils, slopes, septic drain fields, domestic water wells and similar physical constraints for construction. Similarly, the need for the size of the garage, 2,140 square feet, is explained as a need to house a car collection. The existing attached garage area is 876 square feet. Similar variances in nearby subdivisions were for smaller detached garages (1,300 and 1,500 square feet) that met the required rear and side setbacks. Staff reviewed photographs submitted by Mr. Carlson and aerial surveys of the Wells Garden subdivision. There are no similar sized detached garages in the subdivision. There have been no similar variances submitted in the subdivision. One variance in 1990 to reduce the side adjacent to street setback from 10 feet to 5.5 feet was denied for the construction of a small detached shed at 5017 Sweet William.

Planing staff has reviewed the request and the findings of the 7 criteria for this zoning variance. Staff is recommending denial of the proposed variances based on these findings.

Additional materials have been submitted by Mr. Carslon and by Mr. Jason Frank, who owns property directly adjacent to the north of the subject property.

The Planning Division recommends denial based on the findings of the 7 criteria for Variance 277.