Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2024-0086 - First Days Care; a request by Innov-R, on behalf of GPG Estates and Associates, for a variance from the City of San Luis Zoning Ordinance Section 18.75.040 - Table No. 15 to reduce the parking required from 4 to 2 and a variance from the City of San Luis Zoning Ordinance Section 18.35.040 - Table No. 7 to reduce the minimum setback from 15 feet to 10 feet in a Neighborhood Commercial (C-1), located at 648 N 4th Avenue in San Luis, Arizona.  (Jose A. Guzman, Director of Development Services)

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. 2024-0086

The property in question is located at 648 North 4th Avenue, parcel number 775-46-225, and is zoned as Neighborhood Commercial (C-1).  The request is to reduce the parking space required from 4 to 2 from the City of San Luis Ordinance Section 18.75.040 - Table No. 15 and to reduce the minimum front setback from 15 feet to 10 feet from the City of San Luis Ordinance Section 18.35.040 - Table No. 7.

The parcel contains 3,018 sq. ft., while the minimum lot size in commercial zoning districts is 8,000 sq. ft. with a minimum lot width of 60 feet. It is unknown when the property was divided or by which property owner. The property was purchased by the current owner in 2023.

AGENCY REVIEW:
As with all variance requests, this was distributed to various review agencies. We have received comments from the following agencies:

1. City of San Luis Fire Department (3-18-24)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (51 letters).  

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 is Section 18.15.060 (C) of the Zoning Ordinance. In all cases, the application shall address all 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 preexisting 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 welfare.

The Arizona Revised Statutes (§9-462.069-462.06. Board of adjustment) further state 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:
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. There are no special circumstances or conditions. The conditions creating the request were created by the property owner.

The parcel contains 3,018 sq. ft. when the minimum lot size in commercial zoning districts is 8,000 sq. ft. However, this property is located in the downtown area where many lots have been modified over the years and are smaller in size. However, the circumstances that prompt the request are the result of choices made by the property owner, and they can be addressed by reducing the size of the proposed building. 

2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.

The lot size is preexisting and was not created by the owner or applicant. However, the circumstances that prompt the request are the result of choices made by the property owner, and they can be addressed by reducing the size of the proposed building.

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 variance is not necessary for the preservation of substantial property rights. The property is currently used as Neighborhood Commercial  (C-1) and the owner can construct any permitted use in this district. However, the dimensions of the proposed project will have to be modified. If the variance is not granted, the property owner retains the ability to use the lot as any permitted use in the district or modify the proposed child care by reducing the building size to meet zoning requirements.

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.

The authorization of the variance will not be materially detrimental to persons residing or working in the vicinity. However, it would potentially increase the issue of off-street parking that currently exists in this neighborhood. There is currently a problem in this area regarding limited off-street parking availability due to existing businesses and agricultural workers parking their cars in this area all day. By allowing less on-site parking, more customers will have to use the limited off-street parking.

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. 2024-0086.