Title
ZV(R)2023-0113
Yamile Clark, 1101 NW 173 Avenue, (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Yamile Clark, the owner, submitted a residential zoning variance request to legalize an existing driveway for the single-family residence located at 1101 NW 173 Avenue in the Silver Lakes neighborhood. The property is part of the Silver Lakes Planned Unit Development (PUD) and follows the PUD’s “Single family homes with typical minimum lot sizes of 5,000 square feet or greater.” The PUD does not address driveways; therefore, the provisions of the City’s Land Development Code (LDC) apply when PUD guidelines are silent.
On May 20, 2022, the City’s Code Compliance Division cited the property owner (Case No. 22050034) for work performed without permits.
In June 27, 2022, the owner submitted a building permit application (No. RX22-03944) to legalize the driveway; however, the permit cannot be approved as the existing work exceeds the limitations of the City’s Land Development Code (LDC).
The owner is specifically requesting:
• ZV(R) 2023-0113 is to allow a 42% width of lot instead of the allowed 40% of lot’s width for an existing 23.1’ x 25.2’ driveway in zero-lot type.
The applicant is aware that Board consideration of residential variance request does not preclude the property owner from obtaining all necessary development related approvals or permits. This request does not include any landscape exemptions.
No HOA approval has been provided.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0113 is to allow a 42% width of lot instead of the allowed 40% of lot’s width for an existing 23.1’ x 25.2’ driveway in zero-lot type.
Code Reference:
Table 155.620 Accessory Building and Structures
Type, Driveway, Zero Lot, Maximum Dimensions, 40 % width of lot
VARIANCE DETERMINATION:
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.