Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2024-0258 - Juventina Garcia Variance. A request by Vega & Vega Engineering, on behalf of Juventina Garcia, owner, for a variance from the City of San Luis Zoning Ordinance Section 18.35.040 - Table No. 7 to reduce the minimum lot size and the minimum lot width on property located at 687 North 2nd Avenue in San Luis, Arizona.  (Jose A. Guzman, Director of Development Services)

1. Staff Presentation
2. Open the Public Hearing
3. Call to the Public
4. Close Public Hearing
5. Action on Variance Case No. 2024-0258

The property in question is located at 687 North 2nd Avenue, parcel number 775-46-197, and is zoned as Community Commercial (C-2). The request is to reduce the minimum lot size required from 8,000 square feet to 7,040 square feet and the minimum lot width from 60 feet to 55 feet from the City of San Luis Zoning Ordinance Section 18.35.040 Table No.7.

The purpose of this variance, if approved, is to perform a lot split-lot tie between parcels 777-46-197, 777-46-198, and 775-46-044. Parcel 777-46-044, which would require the variance, is owned by Juventina Garcia, and its current use is residential. Parcel 777-46-198 is a current business in a legal-nonconforming lot, and parcel 777-46-044 is a vacant lot; these previous two (2) lots have the same owner. This lot split-lot tie would create two parcels, the north parcel with an area of 7,040 sf. and the south parcel with an area of 15,360 sf. Parcel 777-46-198, which currently has a business. It is located in the downtown area, where many lots have been modified over the years and are smaller in size. The main goal of the lot split-lot tie would be to allow parcel 777-46-198 after tying with south parcel 777-46-044, to provide sufficient parking for customers and to have the ability to expand or increase in the near future.

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 (6-11-24)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (32 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 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 to 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 property is currently being used as a legal non-conforming residence in a Community Commercial (C-2) zoning district. The parcel contains 9,280 sq. ft. when the minimum lot size in commercial zoning districts is 8,000 sq. ft. The owner wants to sell a portion of the land to the neighbor, which will reduce the current lot size to 7,040 sq. ft. 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. 

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 current lot complies with the minimum lot size. The owner wants to sell a portion of the land to the neighbor, reducing the lot size to less than the minimum required. Therefore, the circumstances that prompt the request are the result of choices made by the property owner.

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 being used as a legal non-conforming residence in a Community Commercial (C-2) zoning district. Without the variance, the property owner can continue to use the lot for residential purposes under this legal non-conforming status or potentially convert it to commercial use. The existing residential use, which occupies only the developed portion of the property, would remain unaffected whether the variance is approved or denied. However, approval of the variance would restrict allowable square footage if the property transitions to commercial use in the future. 

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 will limit the square footage permitted if the property changes its use to commercial in the future.  

STAFF RECOMMENDATION:
Staff has reviewed this request and has determined that it does not meet all the required criteria, therefore staff recommends denial of Variance Case No. 2024-0258.