Agenda Item Title:
Title
Rappleye Variance Request
10156 S. Majestic Canyon Rd.
[Community #29, Bell Canyon]
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The property owner and applicant, Porter Rappleye, filed a request with the Sandy City Board of Adjustment for a variance from the Land Development Code (LDC), Sections 21-20-2(a) (related to setbacks), 21-24-8(b) (related to off-street additional parking), and Sections 21-15-4(a)(1)(a) and 21-15-4(a)(2)(a) to construct a new home on within a continuous hillside slope in excess of thirty percent (30%) grade, on a lot within the Sensitive Area Overlay Zone(SAO) zone.
The subject property is located at 10156 S. Majestic Canyon Road., and it is identified as Assessor Parcel #28114550190000, Lot #64 of the Majestic Canyon Estates 2 Subdivision (see map on right and Exhibits “A – C”). The property is zoned R-1-10 - Residential Single-Family District (10,000 square foot minimum lot size), and it is within the Sensitive Area Overlay (SAO) zone. The subject property is located in a single-family residential neighborhood and surrounded by the same R-1-10 and SAO zones.
Please refer to the staff report and exhibits for further details on this item.
Exhibits
A. Map of Site
B. Majestic Canyon #2 Subdivision Plat
C. Assessor Parcel Map
D. Variance Criteria, UCA 10-20-1102
E. Application Materials
- Applicant Findings (pp. 1-2)
- Letter from Greater Salt Lake Municipal Services District (pg. 3-5)
- Geotechnical Report (pp. 6-35)
- Civil Engineering Plan Set (pp. 36-40)
- Architectural Plan Set (pp. 41-47)
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommend approval of the requested variances outlined in the staff report for the property located at 10156 S. Majestic Canyon Rd., based upon the analysis and findings in this report, and the following conditions to mitigate the negative impacts of said variance:
Findings:
1. Literal enforcement of the zoning ordinance will cause unreasonable hardship because the hardship are conditions that apply equally to other lots in the same neighborhood and R-1-10 zoning district.
2. Circumstances peculiar to the property consist of a utility infrastructure on the north side of a steeply sloped lot in the Sensitive Area Overlay zone where impacting slopes of 30% or greater to construct a single-family home is unavoidable.
3. There are special circumstances attached to the property (i.e. contains continuous slopes in excess of 30%, natural drainage channel, etc.) that do not generally apply to other properties in the same zone that warrant a variance from LDC Sections 21-20-2(a), 21-24-8(b), 21-15-4(a)(1)(a) and 21-15-4(a)(2)(a) to construct a new home on a hillside slope in excess of thirty percent (30%) grade, on a lot within the Sensitive Area Overlay.
4. Granting a variance is essential to enjoy the same property right as other properties in the neighborhood or the same zone because the property is determined to be a legal lot created in Salt Lake County before it was annexed into Sandy City, and the 1,300 square foot living area of the home is the minimum dwelling size for the R-1-10 zone (per Sec. 21-20-4).
5. Granting the variance will not be contrary to public interest because other properties in the neighborhood or in the same zoning district would be given the same consideration as the subject property.
6. The variance request is based on the steeply sloped conditions of the site and the existing utility infrastructure; the variance request is not a result of actions that were self-imposed and economic in nature but are for the purpose of avoiding the utility infrastructure and minimizing disturbance to the hillside and natural vegetation.
7. The requested variance does not result in the violation of any other City ordinances.
8. The applicant has met the conditions required by statute.
9. The variance does not create any unmitigated impacts to the property or to the area if certain conditions are met.
Conditions:
1. All proposed retaining walls be designed to follow the City Engineer’s recommendations, including rock fall mitigation measures.
2. An application for a Special Exception is required with Planning Commission review for cuts and fills over 10 feet in height prior to issuance of a building permit.
3. The Planning Commission shall review a detailed final grading plan that meets city engineering standards prior to issuance of a building permit which shows the proposed grading, cuts, fills, retaining walls or terracing on the continuous hillside of 30% or greater slope. The final grading plan shall include the following:
a. A limit of disturbance shall be maintained, beyond which the 30% or greater slope shall not be disturbed. Temporary fencing shall be installed along the limits of disturbance to protect the hillside with visual boundaries during construction.
b. Manmade slopes must comply with city ordinance and retaining walls need to be engineered and stamped.
c. Altering of the grading, the walls, or the house footprint will require a re-evaluation of global stability study.
d. The roadway needs to be protected during excavation for the house foundation. Use sheet piling or another engineered solution to keep layback slopes outside of roadway prism (2:1 from back of curb) will need to be employed. Soil nails or other tie backs will not be allowed within the right-of-way. Submit an excavation and shoring plan for approval as part of the review.
4. The Planning Commission shall review a detailed final utility plan that meets city engineering standards prior to issuance of a building permit. The final utility plan shall include the following:
a. The proposed driveway over top the storm drainpipe must be able to handle the weight of a vactor truck for storm drain maintenance.
b. A 20-foot-wide maintenance and access easement is required where city-maintained storm drain infrastructure, swells, drainage channels, or any other storm drain related items may be located.
c. Constructing guest parking within the easement and over the storm drainpipe will require upgrades to the storm drain and manhole. This will include a 30-inch Class 5 reinforced concrete pipe, which must be installed where the current 15-inch corrugated metal pipe is located. This will require the installation of a new storm drain junction box in Majestic Canyon Road.
d. The 30-inch pipe will also need to connect to a junction box in the drainage channel that will connect the existing 18-inch ADS pipe and the 30-inch pipe and will outlet into the drainage swell with a 36-inch reinforced concrete pipe and rip rap on the outlet to mitigate erosion.
e. An engineering study that evaluates the upgrades is required to ensure it will be sufficient to handle flows.
5. A vegetation and restoration plan, in accordance with Development Code Section 21-15-4(b)(3) be reviewed and approved by the Planning Commission prior to issuance of a building permit to ensure the disturbed areas of the lot are properly restored, and drainage and slope stability issues are mitigated.
6. The proposed home be allowed to be constructed to a footprint no larger than 1,885 square feet (including the garage, porch, and deck areas) in order to reduce the impact to the hillside and reduce the amount of disturbance to the natural vegetation.
7. That a limit of disturbance be established to reduce the impact to the hillside and reduce the amount of disturbance to the natural vegetation. The usable and buildable area for the home be defined as up to 10 feet behind the proposed home and driveway and no further than 55’ from the front property line up to the proposed storm drain easement, as shown on the site plan. Any areas that are disturbed within the utility easements be restored to native conditions up to the proposed off street parking areas shown on the Site Plan.
8. All reports, plans, studies, and reports required by the City Engineer and Section 21-15, Sensitive Area Overlay be completed prior to issuance of a building permit and approval of an engineered site plan.
9. A conservation easement or restrictive covenant be recorded that restricts any further expansion of the approved building envelope or the construction of any further structures or further disturbance upon the property.