Board of Adjustment Agenda and Packet 2014 06 18

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Developing the property as a single parcel would allow for the construction of a very large home with a maximum lot coverage of 4,330 SF and a total floor area of 5,052 SF. This scale of development would be out of scale with surrounding homes in the immediate area and the majority of Old Town. Two smaller homes on smaller lots would be a more reasonable use of the property and more in keeping with the character of the area and all of Old Town. The BOA, in considering similar variance requests in the past several years, has found merit in this argument and found this criterion to be met. Based on testimony on this issue at past hearings, the written testimony with this application, and the definition noted above, staff is swayed to agree with the argument that the two smaller lots represent more "reasonable" redevelopment of the property. Staff finds that this criterion has been met. Rear yard setback request: The provided site plan delineates the existing garage being 10-feet from the rear property line and approximately 62 feet from the eastern property line. A detached principal structure would need a 20 foot setback from the eastern property line and a 5 foot separation from the existing garage, for a principal structure depth of 47 feet. Combine this with a 7 foot side setback to the north and a 15 foot side setback to the south, the principal structure could measure 47 feet X 43 feet for a building footprint of 2,021 SF. Staff believes a 2,021 SF footprint is adequate for reasonable development. Therefore this criterion has not been met for a principal rear yard setback variance. 4. That such unnecessary hardship has not been created by the applicant. Lot size and lot area requests: The configuration of the property, as established through a 1904 subdivision plat, has not been created by the applicant. Staff finds that this criterion has been met. Rear yard setback request: The existing garage was built by the applicant as an accessary use. By changing this structure to a principal use, staff believes this hardship has been created by the applicant. Staff finds this criterion has not been met. 5. That the variance. if granted. will not alter the essential character of the neighborhood or district in which the property is located. nor substantially or permanently impair the appropriate use or development of adjacent property. Lot size and lot area requests: As noted in previous comments, the variance, if granted would allow for two moderately sized homes to be developed on the property, which could be argued to be more in character with the area than one large home. The lots would be subject to the yard and bulk requirements of the Old Town Overlay, which control the overall intensity of development, setbacks, building heights, etc. Staff believes the variance, if granted would not alter the character of the area or impair the use, enjoyment and development of adjacent lots. Staff finds this criterion has been met.