ADMINISTRATIVE HEARING STAFF REPORT Griffin Garage SPECIAL EXCEPTION Petition #PLNBOA2010-005 1099 Oneida Street Administrative Hearing September 23 rd, 2010 Planning and Zoning Division Department of Community & Economic Development Applicant: Jerry Griffin Tax ID: 16-15-309-008 Current Zone: R-1/7000 Single Family Res. Council District: District 6 JT Martin Lot size: 15,700 Sq. Feet Current Use: Single Family Res. Request The applicant requests a special exception for the rebuilding of a garage and keeping it in non-compliance with Sections 21A.40.050 A.3, which states that any accessory structure must be within 5 feet of the property line. Staff Recommendation Based on the analysis and findings noted in the following pages it is staff s opinion that the Griffin garage Special Exception request (PLNBOA2010-00555) meets the applicable special exception standards and therefore should be approved by the Hearing Officer. Applicable Land Use Regulations: 21A.24.060 R-1/7000 District Section 21A.40.050.A Location of Accessory Buildings in Required Yards 21A.52 Special Exceptions Attachments: A. Application B. Site/Building drawings PLNBOA2010-00414 Bowles Shed Special Exception Published Date: 8/19/2010 1
Vicinity Map 1754 Oneida Street Project Information Request The applicant requests a special exception to relocate non-compliant garage. Accessory buildings in the R-1 zoning districts are required to be setback five feet or less from the rear lot line (Sections 21A.40.050 A.3). The applicant requests approval for a distance of approximately 28 feet from the rear lot line in order to preserve a mature tree. The accessory building would be used for storage of a car as well as for the use of a covered patio. Project Details Regulation Zone Regulation Current Development Requested Development Complies? Rear Yard Setback 5 feet maximum 38 ft 28 ft No Background The owner of the property has a non-compliant garage that the homeowner would like to rebuild as a two-car garage as well as a covered patio.. Under R-1/7000 zoning, accessory buildings have to be a maximum of 5 feet from the rear property line (Section 21A.40.050 A. 3d (3)). The existing shed is in violation, being almost 40 feet from the back property line. The new location for the two-car garage/covered patio is 28 feet 1 inch from the rear property line. The owner requests special exception to preserve mature vegetation, a tree, which is located approximately 28 feet from the rear property line. The Board of Adjustment may consider such a request in the case of mature vegetation. (Section 21A.40.050 A.3.d (3)) The garage meets all other regulations. PLNBOA2010-00414 Bowles Shed Special Exception Published Date: 8/19/2010 2
Comments Public Comments No public comments were received prior to this report. Analysis and Findings 21A.52.060 General Standards and Considerations for Special Exceptions: A. Compliance with Ordinance and District Purposes: The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district were established. Analysis: The subject property is located in the R-1/7000 zoning district, which requires accessory buildings be located in the rear yard, with the accessory building setback being no more than five feet from the rear lot line. The purpose of the five foot maximum setback ordinance is to keep the location of accessory buildings subordinate in location to the principal building. The proposed location is necessary due to a mature tree (vegetation) that is located 28 feet from the rear property line. A 28 foot setback will preserve the tree and its surrounding root system, which is supported by City Code with regard to environmental pollution (see General Standard F listed below.) Allowing the setback of 28 feet rather than five feet would still be in harmony with the general purposes of the ordinance as the shed would still be subordinate to the principal structure. B. No Substantial Impairment of Property Value: The proposed use and development will not substantially diminish or impair the value of the property within the neighborhood in which it is located. Analysis: The accessory use of storage is one that is typically found in residential neighborhoods. Therefore, the proposed use and development would not likely diminish or impair the value of the property within the neighborhood. C. No Undue Adverse Impact: The proposed use and development will not have a material adverse effect upon the character of the area or the public health, safety and general welfare. Analysis: Locating the garage 28 feet from the rear set back would still maintain its subordinate nature to the principal building, especially given the low 13 foot height of the structure. Staff does not anticipate any undue adverse impact on the character of the area or public health, safety, and general welfare. D. Compatible with Surrounding Development: The proposed special exception will be constructed, arranged and operated so as to be compatible with the use and development of neighboring property in accordance with the applicable district regulations. Analysis: Given the current yard layout, construction of the garage in an alternate location not proposed by the applicant would be difficult due to the location of the tree. It however would be possible to move the garage further to the southwest, but it would be difficult to do so because of the location of the driveway. If this alternate location is not considered, then the proposed garage will be located as close to the rear lot line as practically possible without damaging mature vegetation and is considered compatible with the residential uses of neighboring properties. PLNBOA2010-00414 Bowles Shed Special Exception Published Date: 8/19/2010 3
E. No Destruction of Significant Features: The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance. Analysis: No natural, scenic or historic features of significant importance are known to be on or adjacent to this proposed shed. F. Material Pollution of Environment: The proposed use and development will not cause material air, water, soil or noise pollution or other types of pollution. Analysis: Special exceptions are considered for the preservation of mature vegetation (Section 21A.40.050 A.3.d (3). A special exception for the shed will protect the existing mature tree and its root system that is located in the lot. The proposed shed will thereby not cause any air, water, soil or noise pollution. G. Compliance with Any Additional Standards: The proposed use and development comply with all additional standards imposed on it pursuant to section 21A.52.100 of this chapter. Analysis: Additional standards are not imposed by section 21A.52.100 for accessory buildings that are located more than five feet from a rear lot line. PLNBOA2010-00414 Bowles Shed Special Exception Published Date: 8/19/2010 4
Attachment A Application
Attachment B Site Plan and Building Drawings