Title
ZV(R)2023-0129 & ZV(R)2024-0093
Lisseth Lopez & Briam Riveron, 170 NW 161 Avenue (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Lisseth Martinez, owner, submitted two zoning variance requests to legalize an existing driveway for the property located at 170 NW 161 Avenue in the Spring Valley neighborhood which is zoned Single-Family Residential Zoning District (R-1B).
On August 20, 2023, the City’s Code Compliance Division cited the property owner (Case No. 23083387) for work done without building permits.
In August 28, 2023 the owner submitted building permit application No. RX23-11216 to construct a circular driveway and patio at the property; however, the permit application could not be approved as the work done exceeded the limitations of the City’s Land Development Code (LDC).
On February 1, 2024, the BOA initially heard zoning variance requests for existing construction at the property and per the survey information. The BOA directed the owner to reduce the impact of the work done at the property and tabled the requests [ZV(R)2024-0128-0131] for the March 7, 2024, meeting.
On the March 7, meeting, the applicant presented a revised plan addressing the concerns of the Board Members. Then the BOA re-considered the requests by the reduction of existing work done at the property as indicated on the plan. The BOA resulted those requests as follows:
• ZV(R)2023-0128: to allow 54% of front lot coverage (total) instead of the required 35% of front lot coverage (total) for an existing driveway in a single-family residential lot. (APPROVED 4-0, 155.301(O)(1)(c), MARCH 7, 2024) Development Order, attached.
• ZV(R)2023-0129 is to allow zero-foot (0’) radius instead of the required five-foot (5’) radius for an existing circular driveway in a single-family residential lot. (REVISED PLAN REMOVED THE NEED FOR THIS REQUEST)
• ZV(R)2023-0130: to allow four-foot (4’) side setback along a portion of the northern property line instead of the required five-foot (5’) side setback for an existing patio. (APPROVED 4-0, 155.301(O)(1)(c), MARCH 7, 2024) Development Order, attached.
• ZV(R)2023-0131 to allow zero-foot augmenting to 1.8’ side setbacks along a segment of the southern property line instead of the required five-foot (5’) side setback for an existing patio. (DENIED 4-0, 155.301(O)(1)(c), MARCH 7, 2024)
Based on direction from the BOA at the February 7 meeting, the petitioner requested their design professional to amend the driveway plan. The petitioner submitted the revised the plan to the City , which reduced the number of requested variances and lot coverage. At the March 7, 2024, meeting, the applicant presented the revised plan, and the BOA approved the request to allow 54% front lot coverage for the existing circular driveway. Upon zoning inspection as part of the permit process, it was discovered the circular driveway is not consistent with the granted variance because the existing radius did not match the revised plan.
The revised plan as submitted to staff was out of scale and did not represent the petitioner’s understanding of the modifications need to legalize the existing circular driveway. The petitioner reduced the size of the driveway by removing concrete, however they sought to retain the shape of the existing radius, therefore, the petitioner is requesting two residential variances:
• ZV(R)2023-0129: to allow zero-foot (0’) radius between driveway and lot line instead of the required five-foot (5’) radius between driveway and lot line for an existing circular driveway in a single-family residential lot.
• ZV(R)2024-0093: to allow 57% of front lot coverage (total) instead of the required 40% of front lot coverage (total) for an existing driveway in a single-family residential lot.
Summary of Board action regarding the driveway variances:
BOA Meeting Date
February 1, 2024
Variance No., Request, BOA Action
ZV(R)2023-0128, 63% Front Lot Coverage, Tabled
ZV(R)2023-0129, Zero-Foot Radius, Tabled
BOA Meeting Date
March 7, 2024
Variance No., Request, BOA Action
ZV(R)2023-0128, 54% Font Lot Coverage, Approved (4-0)
ZV(R)2023-0129, Zero-Foot Radius, Removed by Revised Plan
BOA Meeting Date
January 16, 2025
Variance No., Request, BOA Action
ZV(R)2023-0129, Zero-Foot Radius, Pending
ZV(R)2024-0093, 57% Front lot Coverage, Pending
The applicant is aware that Board consideration of residential variance requests does not preclude the property owner from obtaining all necessary development related approvals or permits.
The subject property is in the Spring Valley neighborhood. The applicant has provided a copy of the Homeowner Association (HOA) Letter(s) dated November 14, 2023.
VARIANCE REQUEST DETAILS:
ZV(R)2023-0129) is to allow zero-foot (0’) radius between driveway and lot line instead of the required five-foot (5’) radius between driveway and lot line for an existing circular driveway in a single-family residential lot.
ZV(R)2024-0093) is to allow 57% of front lot coverage (total) instead of the required 40% of front lot coverage (total) for an existing driveway in a single-family residential lot.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R)2023-0129)
Type, Driveway, Typical Lot,
Additional Regulations, [1] Shall include 5 foot radius between driveway and lot line.
ZV(R)2024-0093
Type, Driveway, Typical Lot,
Maximum Dimensions, 40% front lot coverage
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.