BOARD OF ADJUSTMENT

Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2017-0175, a request by Gary Black on behalf of Comite de Bien Estar Inc., owner, for a Variance in regards to Las Brisas Sunset Town Apartments. The Variance is to reduce the required covered parking from 120 spaces to 43 and to reduce the side yard setback on perimeter units from 10 feet to 0 feet. The property is located in the vicinity of Rio Seco Street and Marea Street in Las Brisas Town House Subdivision, San Luis, Arizona. (Jose A. Guzman, Acting Planning and Zoning Director) 

A. Open public hearing
      1. Presentation by Staff and Applicant
      2. Call to the Public on this item 
B. Close public hearing
C. Action on Variance Case No. 2017-0175

The proposed project is located in a High Density Residential Zoning District (R-3). Assessor's Parcel No. 775-06-151 to 775-06-175 located in the vicinity of Rio Seco Street and Marea Street in Las Brisas Town House Subdivision. 

Las Brisas de San Luis Subdivision was recorded in 2007 as a single-family residential subdivision. In 2010 an application for re-platting was approved for Las Brisas Townhomes "Re-Plat of a portion of Las Brisas de San Luis Subdivision". The total number of lots re-platted was 43 and the lots created were 84 and one track. 24 of those lots are already developed as townhomes, in this request the project consists of 60 units; 15 - one bedroom and 45 - two bedroom units. 

The project area is zoned as High Density Residential District (R-3). This district allows multi-family development with a maximum density of 20 dwelling units per acre.

AGENCY REVIEW
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 Assistant City Attorney Memorandum (3-23-17)
2. Yuma County Water Users Association (3-30-17)

As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (113 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 in § 152.045(C) of the Zoning Regulations. 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 the neighborhood or the public welfare. 

The Arizona Revised Statutes (§9-462.069 - 462.06. Board of Adjustment) further states 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 it meets the required criteria as addressed in the Assistant Attorney's memorandum. Staff recommends approval of Variance Case No. 2017-0175.