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Case Number: |
BOA-19-10300113 |
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Applicant: |
Joe Gutierrez |
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Owner: |
Joe Gutierrez |
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Council District: |
4 |
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Location: |
10111 Cedarvale Dr. |
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Legal Description: |
Lot 46 BLK 83 NCB 15859 |
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Zoning: |
“R-6 AHOD MLOD-2” Residential Single Family, Airport Hazard Overlay District, Military Lighting Overlay District |
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Case Manager: |
Rachel Smith, Planner |
Request
A request for a 4’ variance from the 5’ side setback requirement, as stated in Section 35-310.01, to allow an attached addition to be 1’ from the side property line.
Executive Summary
The subject property is in the Heritage Neighborhood and backs to a creek. The property is surrounded on all other sides by residential single-family housing. The applicant is requesting a variance of the side setback requirements for an existing attached structure that sits within a foot of their existing dwelling and one foot from the side property line. The applicant states the structure is 616 square feet and is the second accessory structure, along with a smaller shed in the rear yard.
Code Enforcement History
No code enforcement history exists for this property.
Permit History
There is no permit history related to the attached addition on the property. The property is seeking a variance to allow a permit to be issued.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 AHOD MLOD-2” Residential Single Family Airport Hazard Overlay District Military Lighting Overlay District |
Residential Single-Family Dwelling |
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Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 AHOD MLOD-2” Residential Single Family Airport Hazard Overlay District Military Lighting Overlay District |
Natural area |
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South |
“R-6 AHOD MLOD-2” Residential Single Family Airport Hazard Overlay District Military Lighting Overlay District |
Residential Single-Family Dwelling |
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East |
“R-6 AHOD MLOD-2” Residential Single Family Airport Hazard Overlay District Military Lighting Overlay District |
Residential Single-Family Dwelling |
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West |
“R-6 AHOD MLOD-2” Residential Single Family Airport Hazard Overlay District Military Lighting Overlay District |
Residential Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is in the Heritage Neighborhood Association who was notified and given the opportunity to comment. The property lies within the boundaries of the West Sector Plan and is designated as Suburban Tier.
Street Classification
Cedarvale Drive is classified as a local street.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following
1. The variance is not contrary to the public interest.
The public interest is served by setbacks, which help to provide consistent development, preserve the integrity of neighboring property, and space to maintain their property without trespassing on adjacent properties. The applicant is seeking a variance of this setback for an existing attached addition. Allowing the addition to be so close to the side property line impedes the applicants’ ability to maintain the structure without trespassing on the neighboring property and causes drainage concerns. Staff finds that the accessory structure, as built, is contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to find any special conditions unique to the site that result in reducing the setbacks to one foot.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
The spirit of the ordinance is the intent of the Code, rather than the strict letter of the law. In this case, the intent is to provide enough of a setback to allow for long-term maintenance without trespass and to prevent injury to the adjacent property. The addition is too close to the side property line to allow for easy access for long-term maintenance of the structure. The requested variance does not provide such clearance and does not observe the spirit of the ordinance.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the zoning district in which the variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized by the district.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
The placement of an addition within a foot of the property line is contrary to the essential character of the district.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
Staff is unable to determine any unique circumstance existing on the site that warrants the reduction in the required five feet side setback.
Alternative to Applicant’s Request
The alternative to the applicant’s request is to conform to the five (5) foot setback limitations established by the Unified Development Code Section 35-310.01.
Staff Recommendation
Staff recommends DENIAL of the variance in BOA-19-10300113, based on the following findings of fact:
1. The addition cannot be easily maintained without trespassing on the neighboring property;
2. The existing addition is contrary to the public interest in that it detracts from the essential character of the community.