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Case Number: |
A-15-155 |
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Applicant: |
Stephen Stokinger, P.E. |
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Owner: |
Syngman Steves |
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Council District: |
2 |
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Location: |
525 Nolan Street |
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Legal Description: |
Lot 16 and W 104.16 ft of Lot 10, Block 19, NCB 546 |
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Zoning: |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
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Case Manager: |
Margaret Pahl AICP, Senior Planner |
Request
A request for a 7.7 foot variance from the minimum 50 foot lot width, as described in Table 35-310-1, to allow a new lot 42.3 feet wide.
Executive Summary
The subject property is located in the Dignowity Hill Historic District, and includes two parcels totaling over 16,000 square feet in lot area. One of the parcels is landlocked and the front lot includes a dilapidated structure. The current owner is hoping to subdivide the properties into two legal building lots so that new homes can be constructed on each of these lots. When proposing the creation of new lots, each lot must satisfy the minimum development standards in the zoning district, including lot area and lot width. In this case, the minimum lot area can easily be satisfied, however by creating a flag lot for the rear portion of the property, the minimum lot width for the front lot cannot be met. Therefore, the owner is requesting a 7.7 foot variance to the lot width.
This proposed subdivision has been drafted with consideration for the current setback of the existing building. The house is in severe disrepair but the owner would like to retain some of its features, like the foundation and exterior walls. The wall would satisfy the minimum 5 foot setback from the new property line, proposed as access for the rear flag lot. This “flag-pole” is planned to be a shared access for parking for the front lot as well. With this easement in place, the front lot will not need a separate curb cut.
Because the property is located within the Dignowity Hill Historic District, all construction will require review and approval from the Historic Design and Review Commission.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Non-contributing residential structure |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Residential |
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South |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Residential |
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East |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Residential |
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West |
“R-6 H AHOD” Residential Single-Family Dignowity Hill Historic Airport Hazard Overlay District |
Single-Family Residential |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the Dignowity Hill Neighborhood Plan and currently designated as Low-Density Residential in the future land use component of the plan. The subject property is also located within the boundaries of the Dignowity Hill Neighborhood Association, a registered neighborhood association. As such, they were notified of the request 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 lot width requirements to facilitate a cohesive development pattern. The shared access will allow mitigate any perceived change in the pattern, making the variance not contrary to public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
The special circumstance present on the subject property is that the lots were large when platted, providing huge backyards for farming. As lifestyles have changed, these rear areas become overgrown and finding access is difficult. Therefore this unique circumstance makes literal enforcement 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 defined as the intent of the code rather than the letter of the law. The requested variance is small and, when used as a shared access, observes the spirit of the code.
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 H AHOD” Residential Single-Family Dignowity Historic 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 requested variance will allow a subdivision for a new home site that can be individually owned. The shared access will retain the driveway spacing and development pattern, retaining the essential 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 requested lot width variance will be indiscernible to the passerby because the two lots will share the driveway.
Alternative to Applicant’s Request
The applicant could search for another wide lot on the block to provide access to the rear, while meeting the lot width and setback standards.
Staff Recommendation
Staff recommends APPROVAL of A-15-155 based on the following findings of fact:
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1. |
The flag-pole will be used for a shared driveway, providing access for both the front lot and the rear lot and exceeding the minimum square footage required in the district. |