Title
ZV(R)2024-0015 - 0017
Alan & Bianca Sutherland, 1100 NW 185 Terrace (District 4)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Alan Sutherland, owner, has submitted three residential zoning variance requests to build a driveway and patio at the property located at 1100 NW 185 Terrace. The property is part of the Chapel Trail Planned Unit Development (PUD) and follows the guidelines for single-family conventional (SF-3A) The PUD guidelines do not address front lot coverage and driveway width; therefore, the provisions of the City’s Land Development Code (LDC) are applicable.
On August 10, 2023, the owner submitted a building permit application (No. RX23-10352) to build a driveway and patio at the property. The proposed driveway and patio exceed the limitations of the City’s LDC, so the permit cannot be issued.
The applicant is requesting the following:
• ZV(R)2024-0015: to allow 47% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for a proposed driveway in typical single-family residential lot.
• ZV(R)2024-0016: to allow 42% of the lot’s width instead of the allowed 40% of the lot’s width for a proposed driveway in a typical single-family residential lot.
• ZV(R)2024-0017: to allow one-foot (1’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for a proposed nine-foot by eight-foot (8’ x 9’) patio.
The applicant is aware that Board consideration of a residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in the Chapel Trail neighborhood. The owner has provided a copy of the Homeowners Association (HOA) Letter, dated July 10, 2023.
VARIANCE REQUEST DETAILS:
ZV(R)2024-0015) is to allow 47% front lot coverage (total) instead of the allowed 35% (total) for a proposed driveway in typical single-family residential lot.
ZV(R)2024-0016) is to allow 42% of the lot’s width instead of the allowed 40% of the lot’s width for a proposed driveway in a typical single-family residential lot.
ZV(R)2024-0017) is to allow one-foot (1’) side setback along a segment of the northern property line instead of the required five-foot (5’) side setback for a proposed nine-foot by eight-foot (8’ x 9’) patio.
Code References:
ZV(R) 2024-0015 & 0016)
Table 155.620 Accessory Building and Structures
Type, Driveway, Typical Lot, Maximum Dimensions, 35% front lot coverage
Type, Driveway, Typical Lot, Maximum Dimensions, 40 % width of lot
ZV(R) 2024-0017)
Type, Deck or Patio, Setback, Side, 5 feet
VARIANCE REQUEST DETAILS:
The Board of Adjustment shall not grant any single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.