Title
ZV(R)2023-0050 - 0052, Alexander & Marisela Munoz, 18851 NW 24 Court
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Alexander Munoz, owner, submitted three residential zoning variance requests to legalize an existing driveway and patio for the single-family residence located at 18851 NW 24 Court in Keystone Lake neighborhood. The property is part of the Big Sky Planned Unit Development (PUD) and follows PUD Zone SF-2 (single-family zero-lot line) guidelines. The PUD does not address driveways, patios, or decks, but it establishes “a perpetual seven foot (7’) wide easement for the maintenance of the wall on the lot adjacent to the zero-lot line, which, with the exception of landscaping shall be kept clear of structures”. The provisions of the City’s Land Development Code (LDC) apply when PUD guidelines are silent.
On October 10, 2022, the owner submitted a building permit application (No. RX22-07828) to replace the originally “as built” driveway and walkway at the property (like for like) The permit was approved, issued, inspections satisfied, and the permit was completed on December 6th 2022.
In March 3rd, 2023, the City’s Code Compliance Division initiated Code Compliance procedures (Case No. 230301073, in progress) for a patio built without a building permit; also, the code case notes tree(s) removed without approval.
The owner submitted a survey showing the unpermitted work and it was revealed it exceeded the building permit completed in December 2022. Per the survey, the existing paving along the sides of the home’s building is extending closer than required five feet (5’) setbacks and encroaching into the perpetual maintenance easement; in addition, the work performed on the front of the home exceeds total front lot coverage. Mr. Munoz, via building permitting and HOA approval, is willing to modify the existing pool deck/patio along the sides and rear property lines so they are five feet (5’) setback; nevertheless, he would like to keep the recent work done without approval.
Specifically, the owner is requesting:
• ZV(R) 2023-0050 is to allow a 46% front lot coverage (total) instead of the allowed 40% front lot coverage (total) in a zero-lot for an existing driveway.
• ZV(R) 2023-0051 to allow a zero feet (0’) side setback along the eastern property line instead of the required five feet (5’) on a zero-lot line for an existing deck/patio.
• ZV(R) 2023-0052 is to allow a three feet (3’) side setback along the western property line instead of the required five feet (5’) on a zero-lot line for an existing deck/patio.
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.
The subject property is in the Keystone Lake neighborhood. No HOA approval has been provided.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0050 is to allow a 46% front lot coverage (total) instead of the allowed 40% front lot coverage (total) in a zero-lot for an existing driveway.
ZV(R) 2023-0051 is to allow a zero feet (0’) side setback along the eastern property line instead of the required five feet (5’) on a zero-lot line for an existing deck/patio.
ZV(R) 2023-0052 is to allow a three feet (3’) side setback along the western property line instead of the required five feet (5’) on a zero-lot line for an existing deck/patio.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R) 2023-0050)
Type, Driveway, Zero-Lot, Maximum Dimensions, 40% front lot coverage
ZV(R) 2023-0051-0052)
Type, Deck or patio*, Setback, Side, 5 feet
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.