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Case Number: |
BOA-18-900036 |
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Applicant: |
Maria Alba Fernandez Font |
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Owner: |
Maria Alba Fernandez Font |
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Council District: |
2 |
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Location: |
120 Sample Street |
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Legal Description: |
Lot 6, Block 2, NCB 6088 |
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Zoning: |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
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Case Manager: |
Mercedes Rivas, Planner |
Request
A request for an 826 square foot variance from the minimum 4,000 square foot lot size, as described in section 35-310.01, to allow a lot size to be 3,174 square feet.
Executive Summary
The subject property is located at 120 Sample Street, and includes a 3,174 square foot lot area. The lot is currently vacant and cannot be expanded as the surrounding properties are already developed. The applicant is seeking a variance to reduce the minimum lot size by 826’ to obtain a Certificate of Determination.
Code Enforcement History
No Code Enforcement history exists on the property.
Permit History
No permit history exists on the property.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“RM-4 AHOD” Residential Mixed Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The subject property is within the boundaries of the Arena District Plan and is currently designated “Medium Density Residential” in the future land use component of the plan. The subject property is located within the Denver Heights Neighborhood Association. As such, they were notified and asked to comment.
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 defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by minimum lot sizes that provide for consistent development within the neighborhood. The “RM-4” Residential Mixed District is intended for residential uses on a minimum lot size of 4,000 square feet. The proposed construction of a single-family dwelling unit meets the intentions of the zoning district and is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The subject property is a 3,174 square foot lot that cannot be expanded as the surrounding lots are already developed. In addition, the lot qualifies for a Certificate of Determination (COD) due to the property having an antiquated plat. In order for new construction, the property must be platted, but because the lot qualifies for a COD the applicant will not need to replat the lot. However, a COD cannot be granted, because the property does not meet the minimum 4,000 square foot lot size requirement, and a single-family dwelling cannot be constructed unless a variance is granted.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the request will result in substantial justice, because the proposed development of a single-family dwelling unit advances the efforts of the zoning designation. The variance will promote development on this lot that has been vacant from existence.
4. The variance will not authorize the operation of a use other than those uses specifically authorized in the district in which the request for a variance is located.
The variance will not authorize the operation of a use other than those uses specifically authorized by the zoning 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 surrounding single-family dwellings will not be injured by granting the variance, because the lot size will not create incompatible development, nor will it detract from the character of the community. The community is characterized by similar single-family developments.
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.
The unique circumstance existing on the property is that in order to construct on the property there must be a plat, or in this case the applicant qualifies for a Certificate of Determination, but a Certificate of Determination cannot be approved unless a variance is granted to allow for a smaller lot size.
Alternative to Applicant’s Request
Denial of the requested variance would result in the applicant not being able to develop on this parcel.
Staff Recommendation
Staff recommends APPROVAL of variance in BOA-18-900036, based on the following findings of fact:
1. The property is not platted and cannot be expanded. This is of no fault of the owner and constitutes a deviation from the minimum lot size; and
2. The surrounding single-family dwellings are unlikely to be negatively affected by the requested variance. This will not alter the essential character of the district.