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Case Number: |
A-18-159 |
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Applicant: |
Jeremy Jenkins Restorations |
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Owner: |
Brooke Mazzella |
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Council District: |
3 |
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Location: |
123 McDougal Avenue |
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Legal Description: |
Lot 28, Block 13, NCB 9578 |
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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 2’ variance from the 5’ side setback, as described in Section 35-370, to allow a carport to be 3’ from the side property line.
Executive Summary
The subject property is located at 123 McDougal Avenue, approximately 382’ east of South Gevers Street. In December of 2017 an arsonist attempted to burn down the property. A fire assessment report was conducted on January 11, 2018 and all necessary permits were processed thereafter. The existing carport was not damaged and was temporarily removed by the restoration team in order to demolish the damaged portions of the residence and place a dumpster on site. In March, Code Enforcement issued a notice in regards to the carport and the side setback during the reinstallation phase of the restoration project.
During field visits, staff noted that the majority of residences on McDougal Avenue have carports attached to the residence situated on small lots.
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 |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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South |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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East |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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West |
“R-4 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Highland Plan and it is currently designated as Low Density Residential in the future land use component of the plan. The subject property is located within the boundaries of the Highland Hills Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
McDougal Avenue 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 not contrary to the public interest. The original carport has been in the same location since 1948 with no registered complaints and the new carport is within the original footprint.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The new carport is built within the same footprint as the original carport that was temporarily removed to provide room for demolition and restoration of the residence after the December arsonist attempt. Literal enforcement of the ordinance would result in the applicant removing that portion of the carport that extends beyond the side setback, leaving the carport unusable in its current format due to space limitations.
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 new carport is not overwhelming in size and follows the same footprint as the original carport that was built in 1948 with no registered complaints.
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.
The carport is not noticeably out of character within the district in which it is located. The carport provided 3’ of setback, equal to the requirement when the structure was originally built. The district is characterized by small lots and attached carports within the side yard. The variance requested will not substantially injure the appropriate uses of adjacent conforming properties or 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 variance being sought is due to the restoration of the primary residence after an attempted arson. The existing carport was temporarily removed during demolition and restoration in order to provide room for the restoration team and placement of a dumpster on site. The new carport follows the same footprint as the previous. The unique circumstances were not created by the owner and are not merely financial in nature, and are not due to or the result of general conditions in the district.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to meet the required front and side setback and adhere to Section 35-370.
Staff Recommendation
Staff recommends APPROVAL of A-18-159, based on the following findings of fact:
1. The reconstructed carport is built within the footprint of the original carport that has been in place since 1948, and;
2. The reconstructed carport does not detract from the character of the neighborhood.