Case Number: BOA-18-900012
Applicant: Wayne German
Owner: Wayne German
Council District: 1
Location: 1729 San Francisco Street
Legal Description: Lot 18, Block 231, NCB 8836
Zoning: “R-4 AHOD” Residential Single-Family Airport Hazard Overlay District
Case Manager: Daniel Hazlett, Planner
Request
A request for a 4’ 6” variance from the 5’ side setback requirement, as described in Section 35-310.01, to allow a carport to be 6” from the side property line.
Executive Summary
The subject property is located at 1729 San Francisco Street, located 100’ feet east of the intersection of Brad Avenue and San Francisco Street. The carport is all metal, slopes west towards the adjacent property and is built very near the property line. The applicant estimates that it is 6 inches from the property line. Therefore, a variance is required to maintain the carport as constructed. Per the application, the applicant states that the carport was constructed to protect his vehicle from damage and to channel water away from the foundation of his property.
Code Enforcement History
9/26/18, a citation was given for a carport without a permit, and encroaching into the 5 foot setback.
Permit History
No permits are listed under this address.
Subject Property Zoning/Land Use
|
Existing Zoning |
Existing Use |
|
“R-4 AHOD” Residential Single-Family Airport Hazard |
Single-Family Residence |
Surrounding Zoning/Land Use
|
Orientation |
Existing Zoning District(s) |
Existing Use |
|
North |
“R-4 AHOD” Residential Single-Family Airport Hazard |
Single-Family Residence |
|
South |
“R-4 AHOD” Residential Single-Family Airport Hazard |
Single-Family Residence |
|
East |
“R-4 AHOD” Residential Single-Family Airport Hazard |
Single-Family Residence |
|
West |
“R-4 AHOD” Residential Single-Family Airport Hazard |
Single-Family Residence |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Near Northwest Community Plan and is currently designated “Urban Low Density Residential” in the future land use component of the plan. The subject property is within the Los Angeles Heights Neighborhood Association. As such, the neighborhood association was 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 setbacks and fire separation. The requested variance to allow the carport as constructed is contrary to public interest as it increases fire risk and does not allow for maintenance without trespass.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement would require that the owner provide a 5 foot side setback, necessary to provide fire separation and allow maintenance without trespass. The owner is requesting variances to allow the carport structure to remain on the side property line. The owner has not submitted evidence that complying with the provisions of the code would result in an unnecessary hardship. The reduction of the carport could result in a nonconforming carport.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the variance will not result in substantial justice as there is not a property related hardship that requires the applicant to build half a foot from the side property line, thus increasing fire risk for the adjacent property.
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 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.
Such variance could substantially injure the appropriate use of adjacent conforming property as the structure, per the applicant is designed to drain water away from their property; this water will now drain onto the adjacent property, potentially harming the nearby house.
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 was unable to find a unique circumstance which would require the applicant to locate a carport on the side property line. The location of the carport unnecessarily increases fire risk and does not leave any space for maintenance of the structure without trespass.
Alternative to Applicant’s Request
Denial of the requested variance would result in the applicant having to reduce the width of the carport 4.5 feet wide to meet the 5 foot side setback.
Staff Recommendation
Staff recommends Denial of BOA-18-900012 based on the following findings of fact:
1. The owner has no room for maintenance or fire separation with the carport in its current location; and
2. The structure is likely to drain water onto the adjacent property.