Discussion and possible action on any and all matters regarding Minor Variance Case No. 2026-0003. A request from Jose Palencia, property owner, for a minor variance to reduce the front setback requirement from 20 feet to 18 feet in the Low Density Residential (R1-20) Zoning District, Assessor's Parcel #768-59-011 for the construction of a new single-family residence. The property is located at 1866 N. Quintero Avenue in San Luis, Arizona.

The property is located at Palencia Hills Subdivision. The lot has an area of 20,000 square feet. The reason for this request is that the applicant wants to build a new residence on the property at a distance of 18 feet from the front property line instead of the 20 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 Medium Density Residential in the City of San Luis 2040 General Plan. The Medium Density Residential land use supports R1-20 Zoning District, which allows the construction of single-family 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 not received any comments.

ANALYSIS:
A variance is not a right, as 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 §18.15.060 (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 squared shape and has a generous size to construct a single-family residence. 

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.            

Staff does not find that the construction of this dwelling with reduced setback is necessary to the preservation of substantial property rights. A single-family residence can be constructed in the lot in compliance with the required setbacks.

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. In this case, this potential hazard is reduced since the proposed reduced setback is in the front of the property abutting a street. As required by Zoning Code, 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 three (3) signatures, the missing signature is from a lot owned by the applicant itself.

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

Staff recommends DENIAL of Minor Variance Case No. 2026-0003, a request by Jose Palencia owner, for a minor variance to reduce the front minimum setback from 20 feet to 18 feet. This recommendation is based on the hardship criteria not being addressed successfully.