Discussion and possible action on any and all matters regarding Minor Variance Case No. 2023-0305. A request from Benjamin Delgadillo, property owner, for a minor variance to reduce street side minimum yard setback from 10 feet to 8 feet in the Medium Density Residential (R1-6) Zoning District, Assessor's Parcel #776-33-220 for the construction of a new home. The property is located at 1316 E C Street in San Luis, Arizona.

The property is located at Bienestar Estates No. 2 Subdivision, the lot has an area of 7,450 square feet. The reason for this request is that the applicant wants to build a new residence on the property at a distance of 8 feet from the street property line instead of the 10 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, and literal interpretation, and enforcement.
 
GENERAL PLAN:
This area is designated as Neighborhood in the City of San Luis 2040 General Plan. The Neighborhood land use designation allows all type 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. City of San Luis Fire Department (6-13-23)
2. City of San Luis Attorney's Office (6-13-23)
 
The City has not received any 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. 3, 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 7 foot setback are constructed with less than two hour fire resistant construction. Since this is a corner lot the street side setback required is 10 feet with no neighbor adjacent to that side.

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 in the special circumstances applicable to the property are self- imposed by the property owner. 

The Zoning Administrator or Hearing Officer approves, approves with conditions or denies an application for 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. The lot is in a rectangular shape and has a generous size to construct a house. Plans have been approved and a construction permit has been issued for this property. Permit number is 2023-0248, and two (2) inspections have been completed for this permit.

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.            

There are no special circumstances or conditions. The conditions creating the request were created 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 the zoning district.            

The Staff does not find that the construction of this dwelling with reduced setback is necessary to the preservation of substantial property rights.

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 to 5 feet when a 2 hour fire resistive construction material is used, otherwise is a potential fire hazard and detrimental to the adjacent property. In this case this potential hazard is reduced since the lot is a corner lot and does not have an adjacent property owner on the proposed reduced setback. As required by Zoning Ordinance, written acknowledgment from each adjacent property to the notification of the requested minor variance is necessary. City staff requested a total of four (4) signatures of adjacent property owners and received five (5) signatures. 
           
STAFF RECOMMENDATION:
The applicant has provided information and material necessary for review of the request.

Staff recommends DENIAL of Minor Variance Case no. 2023-0305, a request by Benjamin Delgadillo, property owner, for a minor variance to reduce street side minimum yard setback from 10 feet to 8 feet. This recommendation is based on the hardship criteria not being addressed successfully.