|
Case Number: |
A-16-119 |
|
Applicant: |
William and Anita Lowry |
|
Owner: |
Heim Anita Snow |
|
Council District: |
7 |
|
Location: |
7326 Deep Spring Drive |
|
Legal Description: |
Lot 18, Block 6, NCB 18656 |
|
Zoning: |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
|
Case Manager: |
Shepard Beamon, Planner |
Request
A request for 1) a five foot variance from the five foot side setback, as described in Section 35-370(b)(1), to allow an accessory structure with an eave to remain on the side property line and 2) a five foot variance from the five foot rear setback, as described in Section 35-370(b)(1), to allow an accessory structure with an eave to remain on the rear property line.
Executive Summary
The subject property is located within the One North Place Subdivision, recorded in 1952. The lot measures 60 feet wide by 110 feet in depth, and includes a 360 sq. ft. swimming pool in the back yard. The applicant is seeking a variance to allow a detached accessory building in the rear yard that replaced an older dilapidated accessory building. The garage is currently set back about one foot from the side property line and one foot from the rear property line, with an eave overhang on the property line. The accessory building measures less than 300 square feet. Per the UDC, the required side and rear setback for an accessory structure with an eave overhang is five feet. The applicant states that the building replaced an older storage unit that was previously built on the rear property line.
Subject Property Zoning/Land Use
|
Existing Zoning |
Existing Use |
|
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Surrounding Zoning/Land Use
|
Orientation |
Existing Zoning District(s) |
Existing Use |
|
North |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
|
South |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
|
East |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
|
West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Dwelling |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Northwest Community Plan and designated as Low Density Residential Land Use. The subject property is not located within the boundaries any neighborhood association.
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 setback limitations to protect property owners and eliminate risks for health and safety hazard for surrounding properties, of which the applicant has addressed through fire rating. The structure in its current location will not disrupt the character of the surrounding neighborhood, as it is replacing an existing structure. The owner has gone preventative measures to ensure safety and reduce any fire-risk for surrounding properties including two exterior layers of cementitious Hardi-Plank on the side and eave overhangs.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The applicant is requesting the variance to replace an existing older shed that has been in the same location for over 40 years. The rear and side yard setbacks, the shallow rear yard, and having to remain three feet from the existing swimming pool, which was built over 20 years ago, imposes a limitation of building size to construct a reasonably sized accessory building. A literal enforcement would result in the applicant not being permitted to have an area of storage on the property, creating 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 represents the intent of the requirement. The applicant has fire rated the building and provided room for maintenance without trespassing on the neighboring property.
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-6 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 accessory building is detached and located in the rear yard. The applicant has fire rated the building, including all eave overhangs. There is also a foot clearance between the building and the rear and side fence, which does allow for maintenance without trespassing. The accessory building has little visibility from the street and does not detract from the overall character of the neighborhood. The applicant has stated that he is willing to install gutters if needed to prevent water runoff 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.
The applicant is requesting a variance to replace an existing accessory building that is limited in size due to a shallow rear yard and the required side and rear setbacks.
Alternative to Applicant’s Request
The applicant needs to reconstruct the accessory building with the 5 foot rear and side setback to come into compliance with the Unified Development Code.
Staff Recommendation
Staff recommends APPROVAL of A-16-119 based on the following findings of fact:
|
1. |
The accessory building has been fire rated to prevent any potential fire hazard and does allow for maintenance without trespassing; |
|
2. |
The accessory building replaced an existing building that was constructed over 40 years ago and was previously located on the rear property line. |