TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: August 13, 2024
RE:
Title
A24-35. Variance request for a 0.21-acre ± property in the SF-10 Zoning District, located at 0 McRae Drive (REID #: 0427432094000), owned by Thomas Michael Lecka.
end
COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 4.5 - Ensure a place for people to live in great neighborhoods.
Executive Summary:
The applicant is requesting a variance to reduce the property's size, width, and setbacks from property lines. This means making the property smaller than zoning rules allow.
A variance is a special exception to zoning rules. It’s granted only when unique property conditions create extreme hardship. The property owner must demonstrate hardship and that the variance won’t harm the neighborhood. Variances don’t change what can be built on the property, just its size and placement.
This property previously received a variance on March 12, 2024. However, due to survey errors, a new variance is needed. The property line will be adjusted, making the lot narrower, requiring a smaller minimum lot size. The proposed building's location is shown on the survey in relation to the requested setback changes.
Background:
Applicant: Michael Adams
Owner: Michael Lecka
Requested Action: Reduce minimum lot size requirement in SF-10
Zoning District: Single Family Residential 10 (SF-10)
Property Address: 0 McRae Drive (0427432094000)
Size: 0.21 acres ±
Existing Land Use: Vacant/Wooded
Surrounding Zoning and Land Uses
• North: SF-10 - Single Family Residence
• South: SF-6 - Single Family Residence
• East: SF-10 - Single Family Residence
• West: SF-6 - Single Family Residence
Postcards Mailed: 34
Issues/Analysis:
Property History and Request
The subject property was conveyed to Thomas Michael Lecka from Sanjay Khazanchi on June 5, 2023. The property's most recent plat was recorded in January 1953 (DB 11760-0103; PB 0016-0003).
The applicant seeks to recombine two existing lots, one of which is non-compliant, to create two buildable lots. While one resulting lot meets the minimum square footage requirement, the second does not. Consequently, a variance is requested to permit development of the undersized lot. Additionally, a property line adjustment to further reduce lot width necessitates a variance from the minimum lot width requirement.
To accommodate the desired placement of a future residence on the smaller lot, the applicant requests variances from the required side and rear setbacks.
Zoning Standards and Variance Requests
Section 30-3.D.3 of the Unified Development Ordinance establishes dimensional standards for the Single Family Residential 10 (SF-10) zoning district. The specific standards relevant to this request are as follows:
• Minimum lot area: 10,000 square feet
• Minimum lot width: 75 feet
• Minimum side setback: 10 feet
• Minimum rear setback: 35 feet
The applicant is requesting variances to reduce the minimum lot area to 7,793 square feet, the minimum lot width to 40 feet, the rear setback to 31 feet, and the side setback to 5 feet, as depicted on the attached site plan.
Insufficient Justification for Variance
The following shall not constitute grounds for a variance:
1. The existence of other nonconforming or conforming land uses or structures within the same or different zoning districts.
2. A request for a land use expressly or implicitly prohibited by the zoning district regulations.
3. Economic hardship or the potential for increased property value or profitability through a variance.
Subsequent Development
The applicant intends to construct a house on the subject property in the future.
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
The applicant states “Reducing the 10 feet from 75 to 65 which gives both neighbors symmetrical distance in their backyards, which makes it fair to their property. And the extra five feet in the new backyard request so that the future home can be five feet deeper into the lot.”
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
The applicant states “I want to keep each lot fair and symmetrical to each adjacent property.”
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
The applicant states “Referring back to the initial variance, this must be done to ensure all three lots are symmetrical, buildable, and aesthetically pleasing.”
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The applicant states “This variance would increase the symmetry and beauty of the properties on this portion of McRae.”
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
The applicant states “This variance will ensure that everybody’s yard will be symmetrical and aesthetically pleasing.”
Budget Impact:
There are no anticipated budgetary implications at this time.
Options:
The Board’s Authority: The board has the authority to approve or deny the request and must base its decision on the answers to the following five required findings of fact:
If a member believes that the evidence presented is substantial, competent, and sufficient to meet the required findings of fact then the member may make a motion to approve the variance and the members must state all of the following five findings of fact along with the evidence that was presented to satisfy each finding.
If the members cannot find specific supporting facts under all five findings of fact, the members must consider a motion of denial. A motion of denial should indicate which of the five (5) of the findings of fact cannot be met.
The board can also place reasonable conditions on any variance approval.
If a member wishes to make a motion to approve the variance they should make a brief statement that recaps the evidence showing each of the five findings of fact. Any discussion by the Board following a motion may include a recap of the evidence supporting each of the five (5) factual findings.
Possible Motions and Factual Findings:
Motion to approve the variance as requested
Findings of Fact Required to Approve this Request:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
______________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
______________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_____________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
______________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
______________________________________________________________________
Motion to approve a portion/portions of the variance as requested, with or without added conditions:
Findings of Fact Required to Approve this Request with or without added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
Motion to approve the variance as requested but with added conditions
Findings of Fact Required to Approve this Request with added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
___________________________________________________________________
Motion to deny the variance as requested.
Findings of Fact Statements Required to Deny this Request:
1. There is not sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
________________________________________________________________
2. There is not sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
_______________________________________________________________
3. There is not sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_______________________________________________________________
4. There is not sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
_______________________________________________________________
5. There is not sufficient evidence that in the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________.
Recommended Action:
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Map
5. Subject Property Photos
6. Surrounding Property Photos
7. Site Plan