Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2016-0558. A request by Vianey Vega of Vega & Vega Engineering, on behalf of 5M Holding L.L.C, owner, for a variance to reduce street side setback from 10 feet to 5 feet in a Community Commercial (C-2) zoned property located at 800 N. Main Street, San Luis, Arizona. (John Starkey, Planning & Zoning Director)

A. Open Public Hearing

The property in question is located on the northwest corner of Main Street and D Street next to the roundabout. The parcel number is 775-37-209 and is zoned as Community Commercial (C-2).  The request is to reduce the street side setback from 10 feet to 5 feet as required by Chapter 7 Table No. 7- Development Standards- Commercial Zoning Districts of the City of San Luis Zoning Ordinance. This variance will allow owner to construct an addition to the existing building. 

The existing building is currently being use as an insurance office. The proposed addition is located in the north part of the property which is adjacent to the right of way alignment of Avenue "E". The mentioned part of Avenue "E" right of way is being used as a parking lot by the same insurance office. 

GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation allows all types of commercial development. The proposed use of this property will be consistent with and conforms to that designation. 

AGENCY REVIEW:
As with all variance requests, this was distributed to various review agencies. We have received comments from the following agencies:

1. City of San Luis Fire Department (11-17-16)
2. Yuma County (11-17-16)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (11 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 3.5 (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:
Staff has reviewed this request and has determined that the request meets the criteria for granting a variance from the Zoning Ordinance.   

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. ?
   
   The ability to use the property as a commercial business is not compromised by reducing the setback. The property size limit the type of businesses in this lot. Therefore without the variance the property cannot be used for bigger businesses allowed in Community Commercial (C-2) 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 reason for this recommendation is that the applicant meets the four required criteria for a variance as required by City of San Luis Ordinance and by the Arizona Revised Statutes.