View Agenda Item

.A.

Board of Adjustment

Meeting Date:: 06/21/2023
From:: Tiffany Antol, Zoning Code Manager

Information

REQUEST:

PZ-23-00085: A request by David and Kelly Yingling, for a Zoning Code Variance from Section 10-40.30.030 (Residential Zones), specifically Table C. (Building Form and Property Development Standards). The applicant is requesting a variance from the applicable interior side setback to enable the construction of a new single-family residence closer to the interior side setback than would otherwise be allowed by the Zoning Code. The property is located at 5112 E Cottonwood Drive (APN 106-07-032).

STAFF RECOMMENDED ACTION:

Staff recommends that the Board of Adjustment approve the proposed Variance for a 10-foot interior side setback in accordance with the finding presented in this staff summary subject to conditions.

INTRODUCTION AND DISCUSSION::

The subject property (Assessor's Parcel Number 106-07-032) is a 2.48 acre parcel located at 5112 E Cottonwood Drive just south of the Coconino County island known as Forestdale. The property is zoned Estate Residential (ER) with the Resource Protection Overlay (RPO). The site has already been developed with a driveway as well as electrical and water utility infrastructure. The subject property is encumbered with Forest Service Road 301A known as Cottonwood Drive that enters the property at the northwestern corner and traverses the property in the shape of the letter V, essentially dividing the property into three separate pieces and exiting the property at the northeastern corner. The existing road is smaller than the 30-foot wide easement that encumbers the property for this road. However, as shown on the applicant's site plan, the road occasionally meanders outside the easement further encumbering the site. The previous property owner occupied the site with a trailer, constructed the existing infrastructure, and cleared the site. The new property owner is proposing to construct a new 1,885 square foot house with a 912 square foot garage.

The site is heavily treed with mature Ponderosa Pine. The property has a rolling terrain with a steep slope running in the north/south direction along the eastern third of the property where the applicant intends to develop the new home. The proposed location of the new home was selected based on the location of the existing infrastructure and site disturbance, the views, and the privacy that this location affords. Because the site is located within the RPO, the owner is limited to the amount of trees than can be removed from the site to accommodate development. On larger lots, this is usually calculated by determining total lot disturbance rather than counting the individual trees.

The property is adjacent to Forest Service lands to the east and south and is adjacent to private property within the City of Flagstaff to the north and west also in the ER zone.

ZONING CODE REQUIREMENTS:

The applicant is seeking a variance from the minium interior side setback found in Table 10-40.30.030.C. Residential Zones- Building Form and Property Development Standards (Page 10-40.30-7) of the Zoning Code to allow the development of a new single-family dwelling. In accordance with Table 10-40.03.030.C. Building Placement Standards, new development is required to meet building setbacks from all property lines. The subject property is located within the ER zone which requires the following setbacks:

Front (min) 50'
Interior Side (min) 20'/45' total
Rear (min) 60'

The proposed single family home would meet all required setbacks for the ER zone expect for the interior side setback off the eastern property line which would be 10 feet instead of the required 20 feet.

VARIANCE CRITERIA AND ANALYSIS:

Pursuant to A.R.S. Section 9-462.06, the Board of Adjustment is granted the authority to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings. Section 10-20.70 of the Zoning Code establishes the procedures for the review of a variance application by the Board of Adjustment. Section 10-20.70.050 of the Zoning Code identifies the four (4) standards that must apply when granting any variance. These standards are included below, followed by an analysis of how the requested variance does or does not satisfy these standards. Note that the Board of Adjustment may only consider and apply arguments in support of these findings, and no other arguments for the granting or denial of the variance are applicable or may be considered.

A variance shall only be granted if the applicant demonstrates all of the following:

That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;

The development of the site is unusually encumbered by an existing Forest Service Road and easement that essentially divides the subject property into three areas. As a public access roadway that also serves surrounding properties, the ability to develop the site as permitted with a single-family dwelling is extremely limited without pushing the home up against the roadway or easement. The site also has previously installed infrastructure to support the specific location that is proposed for the new home. The applicant is requesting the variance for the specific purpose of causing less disturbance to the property than what has already occurred. A 10-foot interior side setback would allow the applicant to site the home away from the existing steep slope. The home would be located closer to Forest Service lands and would be unlikely to disturb or interfere with adjacent development. Few properties in Flagstaff have the same or similar encumbrances that exist on this property.

That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

The site plan provided shows the proposed home being constructed within 10 feet of the eastern property line where a 20-foot setback is required. Originally, the applicant thought that the house would fit within the bounds of the existing setback requirements. After working with the contractor it became clear that the home would need to be pushed further away from the edge of the slope to avoid further disturbance. The original home design included an allowed stair encroachment into the eastern 20-foot interior side setback. The site plan provided for this variance still shows the stairs encroaching into the setback. The applicant has agreed to relocate those stairs to the northern end of the deck so that the variance total is reduced and will not exceed the minimum variance required for the development of this house.

The grant of the variance will not constitute a special privilege as few lots within the city have the same special circumstances that impact this development site.

The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property; and

The applicant (current property owner) is not responsible for the establishment of the existing Forest Service Road or easement. The previous property established the existing driveway and utility infrastructure. The placement of the home within the existing disturbed areas of the site would not constitute a self-imposed condition.

The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a non-conforming use, or (3) would change the terms of the zone of any or all of the subject property.

The approval of a variance will not establish a use on the property that: 1) is not allowed in the Estate Residential (ER) zone; 2) would result in the extension of a nonconforming use; or, 3) changes the terms of the Estate Residential (ER) zone of any or all the subject property.

NOTICE OF PUBLIC HEARING:

The applicant has provided notice by mail of the Board of Adjustment hearing for this application to the property owners within 300 feet of the subject property and staff has placed a sign on the property. The notice and sign contain the date, time, and place of the hearing.

As of the date of this report, staff has not received any public comments regarding the proposed application.

RECOMMENDATION

Staff recommends that the Board of Adjustment finds that the criteria required for granting of a variance have been met, and approve the variance application subject to the following conditions:

The subject property shall be developed in accordance with the site plan provided by the applicant except that there shall be no further encroachments into the setback as allowed in Section 10-50.40.020.A of the Zoning Code.

AgendaQuick™