Public Hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2023-0439 - Iglesia de Cristo.  A request by Rivera Studio, Inc., on behalf of Iglesia de Cristo, for a Variance from the City Code Chapter 18.75 - Table No. 15 to reduce the required parking spaces from 9 to 6 on property located at 1050 E. Arizona Street in San Luis, Arizona.  (Jose A. Guzman, Director of Planning and Zoning)

A. Open Public Hearing

The property in question is located at 1050 E. Arizona Street; parcel number 775-31-091 and is zoned as a Medium-High Density Residential Zoning District (R-2).  The request is to reduce the required parking spaces from 9 to 6 from the City Code Chapter 18.75 - Table No. 15 of the City of San Luis Zoning Ordinance. This variance will allow the owner to construct an addition to the existing church by adding a 1,740-square-foot assembly building. 

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various City and outside agencies.

As required by the State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (27 letters).  The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners.

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 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 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.
   
   Staff has not identified any special circumstances or conditions associated with this variance request.  The property consists of a rectangular lot of 11,500 square feet in size, which exceeds the minimum lot size requirement of 6,000 square feet for this zoning district. Currently, the property functions as a church under existing zoning regulations and a Conditional Use Permit.  The owner's proposal for a building addition imposes additional parking, leading to the need for a variance.  However, if the variance is denied, the owner has the option to maintain the property's current use or adjust the proposed addition to align with zoning regulations.
    
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
   
   There are no unique or external factors contributing to the variance request.  The circumstances that prompt the request are the result of choices made by the property owner, and they can be addressed by redesigning the site plan layout or 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.
   
   Staff's assessment indicates that the approval of this variance request is not required to preserve substantial property rights.  The property is currently being used as a church, a permissible use within the zoning district with a Conditional Use Permit.  If the variance is not granted, the property owner retains the ability to continue with the current use or modify the proposed addition by altering the parking layout or 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.
   
   Granting the variance may not be materially detrimental directly to persons residing or working in the vicinity; however, it could potentially lead to parking issues in the neighborhood. With reduced on-site parking, more church attendees might resort to street parking, causing potential inconvenience.

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. 2023-0439.