BOARD OF ADJUSTMENT
MOTION TO ADJOURN AS CITY COUNCIL AND CONVENE AS BOARD OF ADJUSTMENT

Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2017-0430. A request by Linda Speakman on behalf of Jofco Inc., owner, for a Variance to install a six (6) foot fence on the property line instead of the 3 feet 6 inches required. (Jose A. Guzman, Acting Planning and Zoning Director)

A. Open public hearing B. Close public hearing
C. Action on Variance Case No. 2017-0430

The property is located in a Community Commercial (C-2) Zoning District; Assessor’s Parcel No. 775-46-035 located at 517 N. 1^st Avenue, San Luis, Arizona.

The reason for the request is to install a six (6) foot tall chain link fence around the perimeter of the C&F Parking Lot.  As per section 152.219(A) of the City of San Luis Code of Ordinances, "In all districts a fence or wall or hedge may be erected or maintained at a height no greater than three feet, six inches (3'6") within the required front and street side setback. In this case the setbacks required are front- 15 feet and street sides - 10 feet. 

GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation allows all types of commercial development. The proposed use of this property will be consistent with the general plan land use designation.

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City and outside agencies. We have received comments from the following agencies:

1. Fire Department Comments (6-26-17)    

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project. The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners.

CRITERIA FOR APPROVAL:
All requests for a variance from the City of San Luis Zoning Ordinance must meet the criteria for a variance as set forth in the City of San Luis Zoning Ordinance.  A variance is not a right.  It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and in Sec 3.5 (C.) of this ordinance.  In all cases, the application shall address all of the following hardship criteria: 

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public's welfare. 

The Arizona Revised Statutes (§9-462.069-462.06.  Board of Adjustment) further states that the Board may not: 

1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. 

ANALYSIS:
Staff has reviewed this request and has determined that the request does not meet the criteria for granting a variance from the Zoning Regulations. 

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
   
   Staff does not find that there are any special circumstances or conditions relating to this request. 
    
2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. 
   
   There are no special circumstances or conditions. This request is self-imposed as they are able to build one of two fences, either 3.5 foot 6 inches on property line or a 6 foot wall with property setback. 
    
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district. 
   
   The ability to use the property as a commercial business is not compromised by this request. They are able to build one of two fences, either 3.5 foot 6 inches on property line or a 6 foot wall with property setback. 
    
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public's welfare. 
   
   Having a 6 foot fence along this property may create traffic issues and puts in danger the public's welfare. 

STAFF RECOMMENDATION:
Staff has reviewed this request and has determined that it does not meet the required criteria, therefore staff recommends denial of Variance Case No. 2017-0430.