Discussion and possible action on any and all matters regarding Minor Variance Case No. 2019-0162. A request by Rene and Lye Lara, property owner, for a minor variance to reduce the side yard setback from 7-feet to 6-feet. This request is to allow the construction of a carport on property located at 455 N. Ismael Solorio Court, San Luis, Arizona.

The property is located at Bienestar Estates No. 9B Subdivision, the lot has an area of 6,902 square feet. The reason for this request is that the applicant wants to build a carport on the side of the property at a distance of 6-feet from the property line instead of the 7-feet required by the City Code. 

The purpose of the minor variance procedure is to allow for up to a maximum twenty percent (20%) variation from a development standard or dimension requirement of the zoning code where a practical difficulty, unnecessary hardship, or a result inconsistent with the general purposes of the rezoning code would occur from its strict, and literal interpretation, and enforcement. 

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:
City staff explained to the applicant the requirements and procedure of a Minor Variance. It was verified that the property-owner would be able to request a Minor Variance and that it would not need to go before the Board of Adjustment.

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. Yuma County Development Services Department (3-29-19)
2. City of San Luis Fire Department (4-2-19)

The City has not received any other significant concerns or objections from the various review agencies. 

The Planning and Zoning Department has reviewed the request and has the following comments/corrections:

1. Provided on the City Code Zoning Regulations Table No. 2, the required side setback for R1-6 Zoning District is 7 feet. However, 5 feet setback is permitted in a R1-6 Zoning District where the construction beyond a 7 foot setback are constructed with no less than two hour fire resistive construction. 

ANALYSIS:
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). 

Pursuant to State Statutes, 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.

The Zoning Administrator or Hearing Officer, upon finding that the variance request does not exceed a twenty percent (20%) reduction or increase in a development standard or dimension required by this code and can determine that the request complies with the four (4) hardship criteria established in §152.045(C) of the City Code, may approve the minor variance. 

In the event the Zoning Administrator or Hearing Officer approves, approves with conditions or denies an application for a minor variance filed pursuant these regulations any person may appeal that decision in writing, including any required appeal fee, within fifteen (15) days of the decision and request that the minor variance be placed on the agenda or the next regularly scheduled Board of Adjustment meeting. 

In all cases, the review 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.
   
   Staff does not find that there are any special circumstances or conditions relating to this request. Bienestar 9B Subdivision was designed  as a curvilinear subdivision making the majority of lots in this subdivision have an odd configuration but with a generous size to construct a house and carports. As mentioned by the applicant the reason for the variance request if for aesthetic and functionality reasons. 
    
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.
   
   Aesthetics is not considered a hardship circumstance or condition. If the carport is build at the required 7 feet, it will be interfere with the gate's radius swing; this circumstance was self imposed by installing the gate in that location. The conditions creating the request were created by the property owner and should be corrected through redesign of the carport, fire resistive construction, or relocation of the gate. 
    
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 carport 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 with a carport.
    
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. The City allows reduction of setbacks from 7 feet to 5 feet if 2 hour fire resistive construction material is used, otherwise is a potential fire hazard and detrimental to the adjacent property. As required by the Zoning Regulations, written acknowledge from each adjacent property owner of the requested minor variance is necessary. City staff requested a total of six (6) signatures of adjacent property owners.

STAFF RECOMMENDATION:
The applicant has provided information and materials necessary for review of the request.

Staff recommends DENIAL of Minor Variance Case No. 2019-0162, a request by Rene and Lye Lara, property owner, to reduce the side yard setback from 7-feet to 6-feet on property located at 455 N. Ismael Solorio Court, San Luis Arizona.