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.A.

Board of Adjustment

Meeting Date:

04/03/2024

From:

Wesley Welch, Planner

Information

REQUEST:

Public Hearing:
PZ-24-00022
A request for a Zoning Code Variance from the setback requirements of Table 10-40.30.030.C: Residential Zones – Building Form and Property Development Standards, of the Zoning Code. This request is to reduce the required setback from 75’ to 25’. The subject property is located at 3475 Soliere Avenue, and is zoned Rural Residential (RR).

STAFF RECOMMENDED ACTION:

1) Hold the Public Hearing
2) Staff recommends that the Board of Adjustment approve the proposed variance for a 25-foot front setback in accordance with the findings presented in this staff summary.

INTRODUCTION AND DISCUSSION::

The subject property (APNs: 107-16-013 and 107-16-012) is a 12.41 acre development site located at 3475 E Soliere Avenue. The site takes access from Soliere Avenue and is surrounded by the Foxglen, Elk Run, and Majestic Heights subdivision to the east and south. The subject property is zoned Rural Residential (RR) and one of the parcels (107-16-012) is located within the Resource Protection Overlay (RPO). The site has already been developed with a current sanctuary building and auxillary building in addition to required parking spaces and landscaping.

The applicant has chosen an open area between the two existing buildings on the site for the location of the proposed assembly hall. The City of Flagstaff has Architectural Design Standards that require building forward design in order to screen large parking areas and provide visual interest to the street. This location meets the requirements of the code far greater than if the addition was placed in the rear. Additionally, the chosen location is located the furthest away from the neighboring subdivisions. The surrounding development is zoned R1, which has a front setback of 25 feet. The same setback distance that the applicant is requesting.

Though one parcel is located within the RPO, it has been mostly developed with a grove of trees remaining in the rear. These trees will remain saved during the construction of the new assembly hall and should provide a buffer between the property and the neighboring residences.

ZONING CODE REQUIREMENTS:

The applicant is seeking a variance from the minimum front setback found in Table 10-40.30.030.C. Residential Zones – Building Form and Property Development Standards of the Zoning Code to allow the development of a new assembly hall/auditorium. In accordance with Table 10-40.30.030.C. Building Placement Standards, new development is required to meet building setbacks from all property lines. The subject property is located within the RR zone which requires the following setbacks:
Front (minimum): 75’
Interior Side (minimum): 10’
Rear (minimum): 10’

The proposed assembly hall/auditorium would meet all required setbacks for the ER zone except for the front setback off the northwestern property line which would be 25 feet instead of the required 75 feet.

VARIANCE CRITERIA AND ANALYSIS:

Pursuant to A.R.S. Section §9-462.06, the Board of Adjustment is authorized to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings. Division 10-20.70 of the Zoning Code establishes the process for applying and the requirements to review and approve a variance application by the Board of Adjustment. The information to be considered by the Board in the approval or denial of a variance application is limited to four (4) criteria specified below. It should be noted that the Board of Adjustment may only consider and apply arguments pertaining to the findings.

A variance shall only be granted if the applicant demonstrates all of the following:

A. That, because of special circumstances applicable to the property, including its seize, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
Staff Analysis:
The subject Property is one of two properties along Soliere that take direct access off Soliere. These parcels are both zoned RR. The development to the east and the south consists of single-family subdivisions backing up on the site, zoned R1. If the applicant were to develop with the 75 foot front setback, it would push the development closer towards the neighboring residences. This requested variance will keep the structure away from the neighboring residences and allow the site to direct its development with a focus on the front of the property.

B. That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privleges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

Staff Analysis:
Though the site itself is zoned RR, the neighboring properties are all zoned for higher densities of residential development, which all have much smaller front setback requirements. The requested front setback is equal to the minimum setback for all the neighboring properties.

C. The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and

Staff Analysis:
The special circumstances of the property are not self-imposed as the applicant has chosen to demonstrate compliance with other aspects of the City’s Zoning Code will adding development to a site that already has substantial development. The applicant has chosen the location for their expansion to meet other requirements of the Code as well as keep the new building away from the neighboring residences.

D. The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.

Staff Analysis:
The approval of a variance will not establish a use on the property that is not otherwise permitted, would result in the extension of a nonconforming use or structure, or would change the terms of the zone of any or all of the subject property. The use is currently permitted with a Conditional Use Permit and the applicant will still need to obtain a new Conditional Use Permit for the proposed expansion. The variance itself will not allow the use without also obtaining a Conditional Use Permit.

NOTICE OF PUBLIC HEARING:

The applicant has provided notice by mail of the Board of Adjustment hearing for this application to the property owners within 300 feet of the subject property and has placed a sign on the property. The notice and sign contain the date, time, and place of the hearing.

As of the date of this report, staff has received two comments from neighbors. Both neighbors were concerned with the location of the proposed assembly hall and how that will impact their property.

RECOMMENDATION

Staff recommends that the Board of Adjustment finds that the criteria required for granting of a variance have been met, and approve the variance application subject to the following conditions:

The subject property shall be developed in accordance with the 25 foot front setback set forth in the site plan provided by the applicant.

Attachments