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Case Number: |
A-18-154 |
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Applicant: |
Mary Pierson |
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Owner: |
Mary Pierson |
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Council District: |
2 |
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Location: |
515 & 517 Moten Alley |
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Legal Description: |
Lots 24, 25, and 26, Block 2, NCB 6057 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Debora Gonzalez, Senior Planner |
Request
A request for 1) a 10’ variance from the minimum 20’ garage setback, as described in Section 35-516 (g), to allow a garage 10’ from the front property line and 2) a 10’ variance from the minimum 20’ rear setback, as described in Table 35-310-1, to allow a new house to be 10’ from the rear property line.
Executive Summary
The subject property is located 515 and 517 Moten Alley, approximately 215’ east of Saint Martin Avenue. The subject property is assembled from three lots within the Viaduct Place Subdivision, a plat recorded in 1911. The lot is only 72’deep and the applicant is requesting a rear reduction to build a new house. This block has some Single-Family Dwellings and multiple vacant lots. This request was approved by the Board of Adjustment on December 7th, 2015. The applicant exceeded the 12 month limit to exercise the variance and it was voided; the applicant has re-applied. The subject property is a narrow street and the area is surrounded by small residential lots and industrial uses.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“I-2 AHOD” Heavy Industrial Airport Hazard Overlay District |
Single-Family Residential |
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South |
“MF-33 AHOD” Multi-Family Residential Airport Hazard Overlay District |
Single-Family Residential |
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East |
“I-2 AHOD” Heavy Industrial Airport Hazard Overlay District |
Vacant |
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West |
“I-2 AHOD” Heavy Industrial Airport Hazard Overlay District |
Single-Family Residential |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Arena District Plan and currently designated as Medium Density Residential in the future land use component of the plan. The subject property is located within the boundaries of Harvard Place/Eastlawn Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
Moten Alley 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 defined as the general health, safety, and welfare of the public. In this case, the lot is only 72’ deep, making it difficult to provide two 20’ setbacks. The proposed 10’ setback will be adequate to provide area for fire separation and long-term maintenance.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special circumstance present on the subject property is narrow depth. In addition, the neighborhood is hampered by its industrial zoning. Therefore, literal enforcement of the deep setbacks is an unnecessary hardship.
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 defined as the intent of the code rather than the letter of the law. The intent of the setback regulation is to allow for air, light and room to maintain the structure. Since 10’ is an acceptable rear setback in most of the zoning districts, the spirit of the code is observed by granting the requested variances.
4. The variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
The requested variance will not authorize the operation of a use on the subject property other than those specifically permitted in the “R-4 AHOD” Single-Family Residential Airport Hazard Overlay 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 neighborhood is characterized by small lot houses. Because of the industrial zoning, building permits would not be issued unless and until the house registered as a non-conforming use. The applicant’s property was rezoned to allow this construction project to proceed. Therefore, if the variance is granted, the new house will not negatively alter the 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.
The unique circumstance on this property is it was platted in 1911 with 72’ deep lots, which restrict housing options, given an attached garage.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required 20 foot rear setback.
Staff Recommendation
Staff recommends APPROVAL of variance in A-18-154 based on the following findings of fact:
1. The lot is only 72 feet deep, and;
2. The variance is unlikely to harm adjacent properties