Board of Adjustment Agenda and Packet 2013 07 17

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The applicant is seeking to build an addition on the north side of the existing house. The footprint of the proposed addition is 582 square feet, and would increase the total lot coverage to 23.58% (1,962 square feet). The subject property is zoned Residential Estate (RE), which allows a maximum lot coverage of 20%. The proposed improvements exceed the maximum lot coverage permitted under the zoning code by 3.58%, and approval of a variance from the requirements of the Municipal Code is required before building permits can be issued. BACKGROUND: The existing home at 505 Sunset Drive was built in 1970 in the Scenic Heights Subdivision which was originally platted in 1959. The applicant’s lot is 8,318 square feet and the lots in the Scenic Heights Subdivision range from approximately 6,500 square feet to 23,000 square feet. The majority of the lots in the subdivision are between 7,000 and 8,000 square feet. In 1977, after the home at 505 Sunset Drive was built, the LMC was amended to add a Residential Estate (RE) zone district and establish yard and bulk requirements including minimum lot size and maximum lot coverage. A minimum lot size of 12,000 square feet and a maximum lot coverage of 20% were established by the LMC in the RE zone district. The properties in the Scenic Heights subdivision were subsequently zoned RE, even though the majority of the lots in the subdivision did not meet the minimum lot size requirement of 12,000 square feet. This problem is not unique to the Scenic Heights Subdivision. There are numerous subdivisions in the City which are zoned RE, but have lots which do not meet the minimum lot size. A more appropriate zone district for this subdivision appears to be Residential Low Density (RL). The minimum lot size in RL districts is 7,000 square feet and the maximum lot coverage allowed is 30%. The areas of the City that do not fit the current RE zone may need to be rezoned at some point. A rezoning of this magnitude, however, will be very time-consuming and will require significant support from the public and City officials. At this point, the best option for the applicant is to seek a variance instead of a rezoning. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.040 of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property. The unique physical circumstance in this case is that the lot is 3,682 square feet smaller than the minimum allowed lot size in the zone district. Generally, in the LMC, as minimum 2