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Case Number: |
A-18-124 |
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Applicant: |
Jaime Carrillo |
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Owner: |
Jaime Carrillo |
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Council District: |
1 |
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Location: |
1342 West Lullwood Avenue |
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Legal Description: |
Lot 2, Block 77, NCB 2772 |
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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 a 4’11’ variance from the 5’ side setback, as described in Section 35-370, to allow a carport to be 1” from side property line.
Executive Summary
The subject property is located at 1342 West Lullwood Avenue, approximately 80’east of Neer Avenue. Code Enforcement initiated this case on June 5th, 2018 due to setback violations. The applicant is requesting to keep a carport built without permits within the side setback. The carport does not have storm water controls present that direct water away from the adjoining property. The structure is made entirely of wood. There are a few similar carports placed within the side setbacks across the street from the applicant’s property and east the applicant’s property. The rear of the property has a detached garage large enough for a single vehicle as well as a single-space carport that, at the time of Staff field inspections, housed a vehicle.
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 Plan and is currently designated Urban Low Density Residential in the future land use component of the plan. The subject property is within the Keystone Neighborhood Association. As such, they were notified and asked to comment.
Street Classification
West Lullwood 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 contrary to the public interest. The carport is designed with no storm water controls present and made entirely of wood. The carport is located too near the adjoining property and has a slope roof that poses a negative impact on other property. If the carport is to be moved 3’ there would be no space left for a vehicle to fit under the carport.
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 a carport of this size. With no room to shift the carport posts to follow the requirements of Section 35-310.01 the applicant will have to remove the carport.
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 the allowance of an all-wood constructed carport 1” from the side property line and no storm water controls present, staff cannot safely support the requested variances.
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.
While the carport is designed such that rainwater runoff is not a concern for the applicant’s property, the structure itself is still located too near the shared property line and drainage could lead into the adjacent property. Staff finds that the carport, as designed, presents a negative impact on the adjacent property.
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 did not find any unique circumstances that warrants the granting of the requested variance. Had the applicant have applied for a permit, staff could have assisted with an alternative design that benefits the applicant and the community. Further, the rear single-space carport, as designed, can alleviate concerns of protection from the elements.
Alternative to Applicant’s Request
Denial of the variance request would result in the owner having to remove the carport and adhere to Section 35-370.
Staff Recommendation
Staff recommends DENIAL of the variance in A-18-124, based on the following findings of fact:
1. With a noticeable slope present on the carport, water runoff will be a concern for adjoining properties, and;
2. There is not enough distance between the carport and the adjacent property to maintain the carport, and fire rating is a concern, and;
3. There is a detached garage and single-space carport present in the rear of the property.