Agenda Item Title:
Title
Rozenfeld Variance Request
3802 E Catamount Ridge Way
[Community #30 - Granite]
Body
Presenter:
Mike Wilcox
Body
Description/Background:
Yuri Rozenfeld (“Applicant”), representing the property owner Ying Li Peng, filed a request with the Sandy City Board of Adjustment for a variance from Section 21-15-4(a)(1)(a) and 21-15-4(a)(2)(a) of the Sandy City Land Development Code. The property is located at 3802 E Catamount Ridge Way (see the attached Vicinity Map). The Applicant has the property, Lot 8 of the Little Cottonwood View Estates Subdivision (see the attached Subdivision Plat), under contract to purchase and the owner has authorized him to make this request in his behalf. He is requesting to construct a new home within a hillside slope in excess of thirty percent (30%) grade, which is classified as a lot within the Sensitive Area Overlay Zone (see attached Applicant’s Variance Request Letter & Materials). The Sandy City Land Use Development Code prohibits the construction of a dwelling upon areas of thirty percent (30%) grade or greater slope, unless the Board of Adjustment grants a variance.
A full detailed staff report is attached.
Recommended Action and/or Suggested Motion:
Recommendation
The Board should carefully consider the conditions listed above before rendering a decision on each of the requested variances (individually or collectively) and should follow the law as outlined above. As stated previously, the Applicants bear the burden of proof in showing that all of the conditions justifying a variance have been met. Based upon our analysis of the letter requesting the variances and the standards and conditions required to grant a variance, we recommend that the Board approve the requests as presented.
Staff would recommend approval of the variance, as outlined in the staff report, for the property located at 3802 E Catamount Ridge Way, based upon the following findings and conditions to mitigate the negative impacts of said variance:
Findings:
1. The Applicants have met the conditions required by statute for said variance (the Board will need to support this statement with a more detailed set of findings on each of the requirements for a variance (see the sample Variance Motion Form attached hereto)).
2. The City Engineer has found that the land is suitable for development after reviewing the applicant’s informational reports and plans.
3. The requested variance does not create any unmitigated impacts to the property or to the area if certain conditions are met.
4. The requested variance does not result in the violation of any other City ordinances.
Conditions:
1. All proposed retaining walls be designed to follow the City Engineer’s recommendations, including rock fall mitigation measures.
2. If the development of the dwelling as proposed creates cuts and fills over 10 feet in height, that they seek a special exception from the Planning Commission prior to issuance of a building permit.
3. That the Planning Commission review a detailed grading plan of the lot prior to issuance of a building permit which shows the proposed grading, cuts, fills, or terracing on the continuous hillside of 30% or greater slope.
4. That a vegetation plan, in accordance with Development Code Section 21-15-4(b)(3) be reviewed and approved by staff 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.
5. That the proposed home be allowed to be constructed to a footprint no larger than 2,455 square feet (including the garage area) in order to reduce the impact to the hillside and reduce the amount of disturbance to the natural vegetation.
6. That the area behind the home and driveway that is to be disturbed to construct the home be limited to an average of twenty feet (20’). That a limit of disturbance be placed at the existing 5420’ elevation contour in order to reduce the impact to the hillside and reduce the amount of disturbance to the natural vegetation.
7. That the driveway width be limited to eighteen-foot (18’) maximum and a depth of at least twenty feet (20’) before tapering to a minimum twelve foot (12’) wide drive approach in order to reduce the impact to the hillside and reduce the amount of disturbance to the natural vegetation.
8. That 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.