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
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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 ...
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