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L38 B3 WR DeckAvon Planning & Zoning Commission Variance Staff Report Submitted for the July 18, 1995 meeting Date July 14, 1995 Project Deck expansion Zone District PUD (residential) Legal Description Lot 38, Block 3, wildridge Introduction The request is for a variance to allow a concrete and stone patio, including a 26 inch high perimeter wall, to encroach on the 10 -foot rear yard and terminate within 8 inches of the rear property line. The perimeter wall is supported by a concrete footer approximately four feet below grade. Although not a setback per se, the patio and wall also would encroach on the 7.5 foot utility and drainage easement. The applicant has also verbally stated that an irrigation system will encroach 16 inches over the property line (into the adjoining property - Lot 38, Block 3). The adjoining property drops off steeply to the south; this same property also appears on the current (July 18, 1995) Planning and Zoning Commission agenda for final site plan consideration. Criteria for review and approval of variances Before acting on a variance application, the Commission shall consider the following factors with respect to the requested variance: Section 17.36.40 Approval Criteria: I The relationship of the requested variance to other existing or potential uses and structures in the vicinity; • The patio is immediately adjacent to Lot 37, located to the south. The patio construction, now under a stop work order by the building department, has already encroached onto the adjacent property. The patio, if completed, would be adjacent to the neighbor's 12 -foot retaining wall (approved but not yet constructed) and driveway. 2 The degree to which relief from the strict or literal interpretation and enforcement's of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege: • The variance is clearly not needed to allow for uniformity of treatment of sites within the vicinity. The use of the rear yard setback is not commonly allowed for structures. 3 The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; • The granting of the variance would not have a negative impact on the adjacent property's light or air. The request is for an open air patio with a 26 inch wall around it. 39RIWR DOC Variance Page 2 (of 3) Lot 38, Block 3, Wildridge July 18, 1995 P & Z Meeting 4 Such other factors and criteria as the commission deems applicable to the proposed variance. • Staff has not identified any additional factors. Section 17.36. s® Findings Required The Planning and Zoning Commission shall make the following findings before granting a variance. A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity. B. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. C. that the variance is warranted for one or more of the following reasons: • The strict or literal interpretation and enforcement of the reg=ulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; • There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; • The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity. Staff Comments Staff has concerns related to the dual function of the 10 foot setback as a utility and drainage easement. The construction of a wall and patio in this area will likely result in water draining onto the adjacent property. The construction of a patio in this area results in an impermeable✓ structure within the setback area that will affect the drainage. A drainage report could clarify how the patio and wall would effect drainage in the area. Staff does not have information regarding if there are any utilities within the easement. If the variance were to be granted, a release from the utility companies should be provided. The construction of the patio and 26 inch wall may change the activity level on the edge of the lot. However, based on the final site plan on the adjacent lot 37, the patio and wall structure itself would probably not have a detrimental impact on the adjacent property. Staff is concerned if an off-site irrigation system is proposed on the adjacent property. Staff Recommendation Staff cannot support the application as presented based on that it is unclear how the proposed structure will affect the drainage in the area and if any utilities would be impacted. The completion of the patio and wall would require disturbance of the adjacent neighbor's property. The neighbor's permission should be obtained. If the sprinkler system is to be installed on the neighbors property, an agreement should be signed between the two property owners. Procedure 1. Introduce Application 38R3WR DOC Variance Lot 38, Block 3. Wildridge 2. Applicant Presentation 3. Commission Review 4. Commission Action Page 3 (of 3) July 18, 1995 P & Z Meeting If you have any questions regarding this project or any community development matter, please call me at 949-4280 (extension 131), or stop by the Community Development Department. Respectfully submitted, Karen Griffith Town Planner 3RR3WR DOC Variance Lot 38, Block 3, Wildridge Planning & Zoning Commission Action ❑ Approved as submitted LJ Approved with conditions L/Denied Uff Tabled ❑ Withdrawn by applicant Conditions (if applicable) Signed Date ,--i Jack Attest Date Sue Railton, Secretary Page 4 July 18, 1995 P & Z Meeting ,3RR'3wR nnr