BOARD OF ZONING ADJUSTMENTS August 26, 2020
Report by: Brooke Olson
CASE: #2020-13 TO GRANT A VARIANCE TO REDUCE THE REQUIRED FRONT YARD, REAR YARD AND SIDE YARD AND REDUCE THE ON-SITE PARKING REQUIREMENTS TO ONE PARKING SPACE FOR THE PROEPRTY LOCATED AT 3111 JEFFERSON TO ALLOW FOR THE
DEVELOPMENT OF A SINGLE-FAMILY DWELLING
Petitioners: Antwain Stutson 15501 Ramona Ave Fontona, Utah 84401
Petitioner’s requested action: Approve the variances to reduce the required front yard setback from 20 feet to 10 feet, reduce the rear yard setback from 30 feet to 10 feet, reduce the northern side yard setback from 8 feet to 2 feet and allow only 1 required parking stall for the property at
3111 Jefferson Ave.
Board’s Staff Recommended Action
Staff recommends approval of the variances to reduce the required front yard setback from 20 feet to 10 feet, reduce the rear yard setback from 30 feet to 10 feet, reduce the northern side yard setback from 8 feet to 2 feet and allow only 1 required parking stall subject to meeting the following requirements: 1. Comply with all staff department requirements. 2. Provide one parking space on the property, in compliance with the parking standard outlines in Title 15, Chapter 12 of the Ogden City Municipal Code.
Board’s reason for action
The Board will need to determine if approving the variance:
The narrow width and depth of the property are a special circumstances. The ability to develop a legal lot meets general plan intent and is a substantial property right to allow consideration of a reduced setbacks and reduced parking.
The Board will need to determine if denying the variance:
No unusual or special circumstance exists and twenty five foot wide lots not unusual conditions.
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
Vicinity Map
Background Information of request
This request is to allow the development of a small legal lot that is only 35 feet wide and 50 feet in depth covering 1,775 square feet of land. The proposed home would be 28 by 29 feet and have a one car garage attached at the front of the home. The ordinance allows the development of lots that may not meet the lot area or lot width if they were created prior to 1951. This lot was created prior to 1951 so has a right to be developed. The R-1-6 zoning of the property requires front yard setbacks of 15 feet, rear yard setbacks of 30 feet and side yard setbacks of 8 and 10 feet. That would leave 5 feet by 17 feet (85 sq. feet) to develop a home. The ordinance allows the reduction of side yard setbacks on these older lots provided the side yard setbacks are proportional to the lot width, but in no way can the setbacks be less than 5 feet on one side and 8 feet on the other
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BOARD OF ZONING ADJUSTMENTS August 26, 2020 side (15-13-4.B.1). The ordinance does not allow for front yard setback reductions and only allows for a rear yard setback reduction of 15 feet if a two car, attached garage is provided on the property. The variance request is to reduce the 8 foot side yard allowed under the proportional reduction to 2 feet reduce the front yard setback from 20 feet to 10 feet and reduce the rear yard setback from 30 feet to 10 feet. It is important to mention that even if a variance is granted to reduce the setbacks, structures built 0-5 feet from any property line are still subject to meeting additional building code regulations. The next variance addresses the required parking. Two side by side parking stalls are required for a single family home (15-12-3.A.) The applicant is requesting a parking reduction to allow one parking stall on site provided by a single car garage at the front of the home. Any additional parking would need to be provided by installing a two car garage. Rather than incorporating a two car garage into the dwelling, the applicant is requesting the parking reduction to allow for more living space on the small lot.
Applicable Regulations
15-5-1.A.3. The Board has the ability to grant variances from the zoning regulations based on provisions of the Utah State Code. 10-9a-702.2.a Utah State Code. State Code outlines five criteria that must be considered in granting a variance. They are:
(i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; (ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone; (iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; (iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and (v) the spirit of the land use ordinance is observed and substantial justice done.
15-12-3.A. Two side by side parking stalls required for a single family home. 15-15-4 The R-1-6 zone requires a minimum side yard setbacks of 8 feet and 10 feet. Minimum front yard setback of 25, except average where fifty percent (50%) frontage is developed, but not less than 20 feet and minimum rear yard setback of 30 feet. 15-13-4.B. Reductions for side yard setbacks limited to a minimum of 5 feet and 8 feet.
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
15-13-4.D. On any interior or corner lot where a single- family dwelling has an attached garage with sufficient parking and has such side yard, the rear yard of the dwelling may be reduced to fifteen feet (15'), provided the garage also has a rear yard of at least fifteen feet (15').
Factors for consideration of action
1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances
Staff comment: The zoning ordinance allows reduction of side yard setbacks based on lot width sizes. The difference of 6 feet side yard reduction is not needed to carry out the intent of the plan that is to utilize legally created lots. The applicant has also requested a variance for a parking reduction and to reduce the front yard setback from 20 feet to 10 feet and the rear yard setback reduction from 30 feet to 10 feet. As mentioned, the depth of the lot is only 50 feet in an area where the majority of the lots are more than 100 feet in depth. The ordinance does allow for rear yard reductions if sufficient parking is provided by an attached two car garage. In this case, if a two car garage was installed, the majority of the building footprint would be garage space rather than living space since the square footage of the property is so minimal. Allowing a 10 foot rear yard, with a one car garage attached at the front of the home would provide the home with some yard space, sufficient living space and on site parking. It is also important to mention that the majority of the homes along the block are setback 15 feet or less. Enforcing a 20 foot front yard setback is not necessary to carry out the intent of the plan and a 10 foot front yard setback reduction will not be noticeable in the context of the development of the street. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone. Staff comment: The 35 foot lot width and 50 foot lot depth of the property are the special circumstances. The majority of the lots within the area are at least double the square footage of the property. 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. Staff Comment: The ability to develop a home at with sufficient living space is a substantial property right. Granting multiple variances is the only way this lot could be developed.
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
4. The variance will not substantially affect the general plan and will not be contrary to the public interest. Staff Comment: Most of this neighborhood is developed with tighter side yard and front yard setbacks from what the zone requires. The distance of a five foot setback for the northern side yard is still meeting the basic code minimums allowed and a one car garage matches the one car parking most lots in the area has so this development would not be contrary nor out of character with this area. The fact the variance would allow a new home on a legal lot would not be contrary to public interest. 5. The spirit of the land use ordinance is observed and substantial justice done. Staff Comment: The spirit of the ordinance is to create lots that can be built on and provide housing for the citizens of Ogden. This variance will allow that to take place in a normal manner.
Attachments
1. Application 2. Proposed Site Plan 3. Weber County Parcel Map 4. Existing Site Photos 5. Public Notice
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BOARD OF ZONING ADJUSTMENTS August 26, 2020 1. Application
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
2. Proposed Site Plan
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
3. County Parcel
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
4. Existing Site Photos
Existing lot frontage
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BOARD OF ZONING ADJUSTMENTS August 26, 2020
5. Public Notice
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