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Case Number: |
A-18-138 |
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Applicant: |
Raul Navarijo Jr. |
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Owner: |
Raul Navarijo Jr. |
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Council District: |
1 |
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Location: |
2407 Lee Hall Street |
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Legal Description: |
Lots 20-21, Block 24, NCB 8443 |
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Zoning: |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for a 4’10” variance from the required 5’ side setback, as described in Section 35-310.01, to allow a carport to be 2” from the side property line.
Executive Summary
The subject property is located at 2407 Lee Hall Street, approximately 329’ east of Vance Jackson Road. Code Enforcement initiated this case on June 19, 2018 due to the side setback violation. The applicant is requesting to keep the carport built without permits within the side setback. The current overhang of the carport sits on the property line; however, the applicant has agreed to remove that portion of the overhang to be 2” away from the side property line. The general character of the neighborhood consists of single-family residences, detached carports, and detached garages.
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 Dwelling |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
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West |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Near Northwest Community Plan and it is currently designated as Urban Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Los Angeles Heights Neighborhood Association.
Street Classification
Lee Hall Street 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 variance is contrary to the public interest. While the carport is designed such that rainwater runoff is not a concern for the applicant’s property, the structure fails to adequately mitigate storm water runoff through installation of proper controls. Staff finds that the carport, as designed, could present a negative impact on the adjacent property.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff cannot find any special conditions that, if enforced literally, would result in any unnecessary hardship. No special condition is present to warrant the detached carport of this size to be 2” away from the side property line. If a permit was sought, staff could have advised on other approaches to achieve a similar result.
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. The intent of the setback limitation is to prevent fire spread, allow adequate space for maintenance, and encourage proper storm water drainage. With no storm water controls present and space available to move the posts 5’ from the side property line with 2’ of overhang, staff cannot support the requested variance when alternative options are available that doesn’t require Board approval.
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 in the “R-4 AHOD” Residential Single-Family 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.
Staff finds the carport detracts from the essential character of the district and does not property mitigate storm water runoff. Staff notes that, while a carport can be permitted within the district, the location of the structure does not warrant a variance, rather, the applicant can modify the carport to meet requirements without Board approval.
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 could not find any unique circumstances that warrant the granting of the requested variance. Had the applicant applied for a permit, staff could have assisted with an alternative design that benefits the applicant and the community. Although staff recommends denial, there are other options available to the applicant that doesn’t require a variance: the posts of the carport can be located 5’ from the side property line with 2’ of overhang allowed by code.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required side setback and adhere to Section 35-310.01.
Staff Recommendation
Staff recommends DENIAL of A-18-138, based on the following findings of fact:
1. With space present on the property, there are no unique circumstances present that warrant the request, and;
2. The carport posts can be relocated 5’ from the side property line with 2’ of overhang allowed by code that won’t require Board approval.