Agenda Item Title:
Title
Thompson Variance Request - front yard setbacks on a corner lot
8230 S. 1330 E.
[Community #15, Alta Canyon]
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The owner and applicant, Derek Thompson, has requested a Variance from the Residential Building Setbacks, and Building Heights for R-1 and R-2 Zoning Districts (Sec. 21-20-2), which requires corner lots in the R-1-8 zone to provide a minimum of a 20- and 30-foot setback from the front property line to the primary dwelling. The applicant requests a four-foot (4’) reduction from a front setback on the east side of the lot (30’ to 26’), and a three-foot (3’) reduction from a front setback on the south side of the lot (20’ to 17’).
See the attached staff report and exhibits for full details of this item.
Recommended Action and/or Suggested Motion:
Recommendation
Based upon the staff report, the Board of Adjustment should conclude that the applicant has not met their burden of proving all criteria are met to warrant a variance from the front yard setbacks on a corner lot in the R-1-8 zone, and adopt the following findings:
Findings:
1. Literal enforcement of the zoning ordinance will not cause unreasonable hardship because the alleged hardship are conditions that apply equally to other corner lots in the same neighborhood, are self-imposed and economic in nature.
2. Circumstances peculiar to the property consists of a 30-foot by 30-foot drainage easement at the southwest corner of the lot; however, a plat amendment to remove that utility easement is the more appropriate avenue to ameliorate the situation rather than a variance.
3. There are no special circumstances attached to the property that do not generally apply to other properties in the same zone that warrant a variance from the front yard setback requirements.
4. Granting a variance is not essential to enjoy the same property right as other properties in the neighborhood and same zone.
5. Granting the variance will be contrary to public interest because other properties in the neighborhood and in the same zoning district would not be given the same consideration as the subject property.
6. The variance sought is as a result of actions that were self-imposed and economic in nature. The applicant is seeking approval to retain and utilize a foundation that was not built with a permit. Removal of the foundation and starting over will come at a great cost and expense but is not a proper justification for granting a variance.