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Case Number: |
A-17-031 |
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Applicant: |
Donald Orion |
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Owner: |
Proximity by Couture LP |
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Council District: |
1 |
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Location: |
807, 811, and 815 Elmira Street |
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Legal Description: |
Lot 8, 9, 10, Block 3, NCB 829 |
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Zoning: |
“IDZ AHOD” Infill Development Zone Airport Hazard Overlay District with uses permitted for Multi-Family (townhome) up to 24 units per acre |
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Case Manager: |
Margaret Pahl, AICP, Senior Planner |
Request
A request for 1) a 35 foot variance from the minimum 80 foot lot depth to allow 45 foot deep townhouse lots; and 2) a variance from the requirement that each lot include 100 square feet of contiguous open space, both as described in Section 35-373.
Executive Summary
The subject property includes an assemblage of three residential lots, totaling 27, 200 square feet in the Tobin Hill neighborhood, just north of IH-35. The parcels were recently rezoned to “IDZ” Infill Development Zone, with multi-family uses (townhomes) as proposed. The site plan approved by the City Council during the rezoning request, while not detailed, showed a similar layout and the same number of lots as currently proposed. The townhome layout shows private lanes behind each row and a pedestrian path between them down the middle.
Townhouse layout is the subject of Section 35-373 Supplemental Use Regulations. In this section of the Unified Development Code, specific design requirements are described. One of these is lot depth of 80 feet and another is 100 square feet of contiguous open space. During plat review, the discrepancies in the lot layout were identified and the variance process was suggested. The site may have the space available to accommodate the required lot layout provisions, however the owner prefers to retain ownership of the common areas in an owner’s association.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“IDZ AHOD” Infill Development Zone Airport Hazard Overlay District with uses permitted for Multi-Family (townhome) up to 24 units per acre |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
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South |
“UZROW” Unzoned Right of Way |
IH-35 |
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East |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Office |
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West |
“R-6 AHOD” Residential Single-Family Airport Hazard Overlay District |
Single-Family Residential |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the Tobin Hill Community Plan and currently designated as Low-Density Mixed Use in the future land use component of the plan. The subject property is located within the boundaries of the Tobin Hill Community Association. As such, they were 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 the minimum lot depth and open space, which is being used as a shared driveway and pedestrian path. Therefore, the variance is not contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Literal enforcement of the ordinance would force each owner to own and pay taxes on areas designated for common use, 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 is the intent of the regulations, rather than the strict letter of the law. In this case, the intent of the minimum lot depth was to ensure an easy escape route during a fire, and minimum open space for access to air and light. The “IDZ” zoning district was created to provide flexibility for infill of underutilized parcels. The proposed site plan observes the spirit of both of these Codes.
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 variances will not authorize the operation of a use on the subject property other than those specifically permitted in the “IDZ AHOD” Infill Development Zone 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 townhomes are proposed along a section of the interstate frontage road, with an inward focus on a shared pedestrian path. Together, they will create character and likely not injure the adjacent properties.
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 unique circumstance is the applicant’s desire to retain ownership of common areas through an owner’s association.
Alternative to Applicant’s Request
Without the requested variance, the owner will be required to extend the platted lot lines to include the driveway and the shared path.
Staff Recommendation
Staff recommends APPROVAL of the requested variances, detailed in A-17-031 based on the following findings of fact:
1. The applicant designed a lot layout that matched the site plan approved by City Council;
2. The area is provided, just not owned by each individual property owner.