Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2021-044.  A request by Alejandro and Maria Lopez, owners, for a variance to reduce the rear yard setback from 10 feet to 5 feet for the construction of a room addition on property located at 514 N. Fuentes Drive.  (Jose A. Guzman, 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. 2021-044

The property is located at 514 N. Fuentes Drive which is a zoned as Medium-High Density Residential (R-2) and is located at 514 N. Fuentes Drive, PID No. 776-44-186, San Luis, Arizona. 

The reason for the request is to allow the construction of a room addition on the rear of the property leaving a setback of only 5 feet where 10 feet is required.

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. City of San Luis Fire Department
2. City of San Luis Attorney's Office
3. Yuma County Department of Development Services

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:
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. § 9-462.6 and in City Code §152.045(C).  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.  The room addition can be done to the south side of the property where there are approximately 30 feet without construction. The room addition can be done within the required setback on the side of the property. 
    
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
   
   There are no special circumstances or conditions.  The conditions creating the request were created by the property owner and should be corrected through redesign of the room addition to the side of the property.
    
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 the zoning district. 
   
   Staff does not find that the construction of this room with reduced setback is necessary for the preservation of substantial property rights.  Without the variance the property can still be used as a dwelling unit.
    
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 welfare. 
   
   Any reduction of setbacks, even though some changes are minimal, increases the potential fire spread between structures. 

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. 2021-0440.