Title
ZV(R) 2023-0058 & 0059, Ricardo Nova, 1101 NW 79 Way
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Ricardo Nova, owner, submitted two residential zoning variance requests for an existing driveway and a 22.0’ x 10.05’ patio at the single-family residence located at 1101 NW 79 Way in the Boulevard Heights neighborhood, which is zoned R-1C (Residential Single-Family).
On November, 2021, the City’s Code Compliance Division initiated Code Compliance procedures (Case No. 68396) for work performed without building permits.
In December 13, 2021, the property owner submitted a building permit application (BUL-263484) to legalize the completed work. The permit application and documents revealed that the existing driveway and patio exceed the limitations of the City’s Land Development Code (LDC); therefore, the applicant is requesting the following:
• ZV(R) 2023-0058 is to allow 55% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot.
• ZV(R) 2023-0059 is to allow four feet, 10 inches (4’ - 10”) side setback instead of the required five feet (5’) side setback along a portion of the northern property line for an existing driveway and patio in a typical lot.
Per staff findings of city records, a building permit (No. 42311442) was issued in the year 2003 for the driveway and 22.0’ x 10.05’ patio for the property; however, the approved permit included five feet (5’) side setback (northern property line). The existing driveway and patio did not match and there is no building permit for the detected alteration. Hence, the provisions of the City’s LDC are applicable (City Code 155.627).
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 property is not located within a homeowner’s association.
VARIANCE REQUEST DETAILS:
ZV(R) 2023-0058: is to allow 55% front lot coverage (total) instead of the allowed 35% front lot coverage (total) for an existing driveway in a typical lot.
ZV(R) 2023-0059: is to allow four feet, 10 inches (4’ - 10”) side setback (northern property line) instead of the required five feet (5’) setback for an existing driveway and patio in a typical lot.
Code References:
Table 155.620 Accessory Building and Structures
ZV(R) 2023-0058)
Type, Driveway and patio, Typical Lot, Maximum Dimensions, 35% front lot coverage
ZV(R) 2023-0059)
Type, Driveway and patio, Typical Lot, 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.