Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2017-0722.  A request by Juan Luna, owner, for a Variance to build a 6 foot wall on the property line instead of the 3 feet 6 inches required. The property is located at 1271 N. Ruiz Avenue, San Luis, Arizona.  (Jose A. Guzman, Acting Director of Planning and Zoning)

A. Open public hearing
   1. Presentation by staff and/or applicant
   2. Call to the Public on this item
B. Close public hearing
C. Action on Variance Case No. 2017-0722

The subject property is located in a Medium-High Density Residential (R-2) Zoning District; Assessor's Parcel No. 776-20-231 located at 1271 N. Ruiz Avenue, San Luis, Arizona. 

The reason for the request is to build a six (6) foot wall in the front yard setback along the property line. 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 front yard setback required is 20 feet. 

GENERAL PLAN:
This area is designated as Neighborhood in the City of San Luis 2020 General Plan. The Neighborhood Land use designation allows all types of residential development. 

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 (12/06/17)    
2. Public Works Comments (12/21/2017)

As required by State Statute, staff sent 30 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.
   
   The majority of the lots within this subdivision have a rectangular shape. The odd configuration of this lot makes it different than other lots in the neighborhood. 
    
2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. 
   
   The design of the lot was created during the subdivision process. However, this request is self-imposed as they are able to build a 3.5 foot 6 inches on property line or a 6 foot wall with proper 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 residence is not compromised by this request. The owner can build a 6 foot wall respecting the setbacks and have a private yard for family activities and privacy. There are corner lots within the subdivision that have the driveway on the side; the owner built a fence respecting the setbacks and has a yard for privacy. 
    
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. 

A. I MOVE TO OPEN PUBLIC HEARING.
1. Presentation by staff and/or applicant    
2. Call to the Public on this item
B. I MOVE TO CLOSE PUBLIC HEARING.
C. I MOVE TO DENY BECAUSE THE APPLICATION DOES NOT MEET THE CRITERIA FOR A VARIANCE.