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HEARING OFFICER AGENDA ITEM REVIEW FORM |
2.A.
Hearing Officer Agenda
- Meeting Date:
- 04/19/2016
- Submitted By:
- Jose A. Guzman, Assistant Planner, Development Services
ITEM:
MINOR VARIANCE CASE NO. 2016-0164: This is a request by A and F Home Builders, property owner, for a minor variance to reduce both side setback from 7 feet to 5 feet 8 inches in the Medium-High Density Residential (R-2) Zoning District, Assessor’s Parcel #777-51-249. The property is located at 450 N. Amanda Aguirre CT, San Luis, Arizona.
SUMMARY:
↵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.
Located at Bienestar Estates No. 9B Subdivision, the lot has an area of 5,437 sq. ft. The current lot is undeveloped. The applicant already has the plans for her new residence that is the reason why for applying for a minor variance.
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:
The Department of Development Services has reviewed the request and has the following comments/corrections:
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 Section 3.5 (C) of the Zoning Ordinance.
Pursuant to State Statues, the Board may not:
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 of the next regularly scheduled Board of Adjustment meeting.
In all cases, the review shall address all of the following hardship criteria:
The applicant has provided the information and materials necessary for review of the request.
Staff recommends DENIAL of Minor Variance Case No. 2016-0164, a request by A and F Home Builders, property owner, to reduce both side setbacks from 7 feet to 5 feet 8 inches. The property is located at 450 N. Amanda Aguirre CT, San Luis, Arizona and is zoned as R-2 (Medium-High Density Residential).
The reason for DENIAL is that the request does not meet the criteria of the City of San Luis Zoning Ordinance for a Minor Variance.
Located at Bienestar Estates No. 9B Subdivision, the lot has an area of 5,437 sq. ft. The current lot is undeveloped. The applicant already has the plans for her new residence that is the reason why for applying for a minor variance.
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:
- City of San Luis Fire Department (4-8-16)
The Department of Development Services has reviewed the request and has the following comments/corrections:
- Provided on the City of San Luis Zoning Ordinance Chapter 6- Multiple Residence Zoning Districts- Table No. 5. The side setback require for R-2 Zoning District is 7 feet.
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 Section 3.5 (C) of the Zoning Ordinance.
Pursuant to State Statues, the Board may not:
- Make any changes in the uses permitted in any zoning classification or zoning district.
- Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
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 of the next regularly scheduled Board of Adjustment meeting.
In all cases, the review shall address all of the following hardship criteria:
- 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.
- 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. The conditions creating the request were created by the property owner and should be corrected through redesign of the plans.
- 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.
- 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 comment from Fire Department addresses this issue. As required by the Zoning Ordinance, written acknowledge from each adjacent property owner to the notification of the requested minor variance is necessary. City staff requested a total of five (5) signatures of adjacent property owners and received one (1) signature, because the other four (4) lots are vacant.
SUMMARY: The applicant has provided the information and materials necessary for review of the request.
Staff recommends DENIAL of Minor Variance Case No. 2016-0164, a request by A and F Home Builders, property owner, to reduce both side setbacks from 7 feet to 5 feet 8 inches. The property is located at 450 N. Amanda Aguirre CT, San Luis, Arizona and is zoned as R-2 (Medium-High Density Residential).
The reason for DENIAL is that the request does not meet the criteria of the City of San Luis Zoning Ordinance for a Minor Variance.
RECOMMENDED MOTION:
Findings and conclusions to be determined by the hearing officer.
Attachments
- Location Map
- Site Plan
- Request from property owner
- Signatures from surrounding property owners
- City of San Luis Fire Department Comment (4-8-15)