Agenda Item Title:
Title
Bryce Zundel Variance Request
10471 South Wasatch Blvd
[Community #29 - The Dell]
Body
Presenter:
Mike Wilcox
Body
Description/Background:
Bryce Zundel (“Applicant”), who owns or controls property located at 10471 South Wasatch Boulevard (see attached Vicinity Map), filed a request with the Sandy City Board of Adjustment for a variance from Section 15A-15-04(A)(2)(a) and 15A-15-04(B)(7)(f) of the Sandy City Land Development Code. The Applicant owns Lot 27 of the Seven Springs Subdivision (see attached Subdivision Plat). He is requesting to construct a new home on a hillside slope in excess of 30 percent grade, which is classified as a lot within the Sensitive Area Overlay Zone (see attached Applicant’s Variance Request Letter). The Sandy City Land Use Development Code prohibits the construction of a new home upon areas of 30 percent or greater slope, unless the Board of Adjustment grants a variance. It also imposes limitations on driveways slopes no greater than 12 percent.
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 if the Applicants are able to present evidence and argument that the requirements for the variances are met.
If the Board is presented satisfactory evidence that these requirements have been met, staff recommends the following action:
Staff would recommend approval of the variances 1 and 2, as outlined in the staff report for the property located at 10471 South Wasatch Boulevard, 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 geotechnical report provided by CMT Engineering Laboratories.
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. That the driveway be required to have a heating element to mitigate safety concerns.
2. All proposed retaining walls be designed to follow the City Engineer’s recommendation as contained in his letter dated September 5, 2019, including rock fall mitigation measures.
3. 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.
4. 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.
5. That a vegetation plan, in accordance with Development Code Section 15A-15-05(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.
6. That the proposed home be allowed to be constructed to a footprint no larger than 2,000 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.