BOARD OF ADJUSTMENT REPORT Meeting Date: 9/2/2020 ACTION Fike Property, 4719 N 75th Way, Carport 11-BA-2020 Request to consider the following: 1. Request by owner for a variance to the City of Scottsdale Zoning Ordinance, Section 5.504E.1. pertaining to the required front yard setback for a property with Single-Family Residential (R1-7) zoning located at 4719 N 75th Way. OWNER Joanne Fike and Janice Gibbons (480) 367-3287 APPLICANT CONTACT John DiTullio - Titus Brueckner & Levine (480) 483-9600 LOCATION 4719 N 75th Wy BACKGROUND History The subject site was annexed into the City of Scottsdale in 1961 through Ordinance No. 121 and the City of Scottsdale R1-7 zoning was applied. This property is Lot 128 on the Scottsdale Terrace Unit II subdivision which was platted and recorded with Maricopa County in January of 1958. The existing main structure on the site was permitted and constructed in Maricopa County in 1958. An additional permit was issued for a fence in 1999. Zoning/Development Context The subject site is zoned Single-family Residential (R1-7) and is located at the intersection of E. Highland Avenue and N. 75th Way, surrounded by single-family detached homes as well as attached multi-family dwellings. Board of Adjustment Report | 11-BA-2020 Zoning Ordinance Requirements Pursuant to Section 5.504.E.1. of the City of Scottsdale Zoning Ordinance, pertaining to the required front yard setback: each lot shall have a front yard with a minimum depth of twenty (20) feet. The applicant is requesting a variance of ten (10) feet, which would reduce the required front setback on this parcel from twenty (20) feet to ten (10) feet. Code Enforcement Activity There has been no code enforcement activity as of the writing of this report. Community Input City of Scottsdale hearing postcards were sent to properties within 750 feet of the subject site. As of the writing of this report, staff has received four letters in support of the variance request and zero letters in opposition. Discussion The applicant is proposing a front-loading carport accessed from N. 75th Way as part of a home remodel. A section of the northern most portion of the house will be converted from livable space into an open carport, which is proposed to extend past the front of the house providing enough depth to park two vehicles in tandem. The applicant is requesting a variance of ten (10) feet, to allow the front-loading carport to be located within the front yard. Alternatively, the R1-7 zoning district standards allow side loading carports to be constructed within the front yard, as close as ten (10) feet from the front property line (see interpretation exhibit; Attachment #10). Side loading carports may not encompass more than twenty (20) percent of the front yard setback area, must be structurally integrated with compatible building materials to the main building’s roof, and must be constructed so that a minimum of twenty-five (25) percent of the front side of the carport remains open. VARIANCE CRITERIA ANALYSIS 1. That because of special circumstances applicable to the property including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district: Applicant Statement: The applicant states that the R1-7 lot is small and in order to provide parking for two cars, a deep front loading carport would need to be constructed utilizing the existing driveway on the north side of the lot. The applicant claims the side load carport option would exceed the twenty (20) percent maximum coverage allowed by the zoning district and the side load carport would not fit the character of the neighborhood, which has front loaded driveways. Page 2 of 5 Board of Adjustment Report | 11-BA-2020 Staff Analysis: The R1-7 zoning district has a minimum lot size of 7,000 square feet. The subject property is approximately 6,400 square feet and is similar in size, shape, and topography to other properties in the Scottsdale Terrace Unit II subdivision. An original carport on the north side of the home was enclosed into interior livable space years ago. A typical carport fits the dimensions of 10 x 18, or 180 square feet. The maximum front yard coverage for a carport in the R1-7 zoning district is twenty (20) percent. The subject property has a front yard of 1,340 square feet; twenty (20) percent of that being 268 square feet. Based on staff analysis, a side load carport could fit within the front yard without exceeding the twenty (20) percent maximum coverage allowed by the zoning district. 2. That the authorization of the variance is necessary for the preservation of privileges and rights enjoyed by other property of the same classification in the same zoning district, and does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located: Applicant Statement: The applicant states that residents should be able to reinvest and redevelop without significantly altering the existing character or feel of a neighborhood. The applicant states there are homes in the subdivision with shade structure carports extending out within the twenty (20) foot front setback and references the two homes to the north. Staff Analysis: As an alternative to the proposed front-loading carport, the R1-7 zoning district allows for a side loading carport to be located within the twenty (20) foot front setback at a minimum of ten (10) feet from the front property line. Other properties in this subdivision and within the R1-7 zoning district must meet these same standards. The home immediately to the north was issued a building permit in 2005 for a lattice covered porch (see Attachment #9) and the property two lots to the north of the subject parcel was issued a building permit in 1991 for a patio shade (site plan is no longer on file). The referenced structures within the front setback area on those two lots were approved as covered patio areas, which are allowed in the R1-7 district, but they were not shown or approved as carports. Plans submitted now must provide more detail. 3. That the special circumstances applicable to the property were not self-imposed or created by the owner or applicant: Applicant Statement: The applicant states the new owners of the property inherited the lot without the existence of a carport or garage, so they did not create the special circumstances. The applicant believes a carport or garage is a necessary basic improvement given the Arizona climate. Page 3 of 5 Board of Adjustment Report | 11-BA-2020 Staff Analysis: The R1-7 zoning district has a minimum lot size of 7,000 square feet. The subject property is approximately 6,400 square feet and is similar in size, shape, and topography to other properties in the Scottsdale Terrace Unit II subdivision. The R1-7 zoning district standards allow for side loading carports at ten (10) feet from the front property line. 4. That authorization of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general: Applicant Statement: The applicant states the carport on the edge of the lot would not materially impact residents or workers in the vicinity and they reference the two neighbors to the north with the covered porch and patio shade. The applicant claims the construction of a carport to allow a second vehicle to be parked on the property will remove parking from the congested street and improve safety and view corridors. Staff Analysis: The carport may not be materially detrimental to the neighborhood or public welfare in general, however the carport could be constructed to meet code as a side load carport and would provide the safety and view corridors as described in the applicant’s statement above. SUMMARY Based on the facts presented by the applicant, the evidence would support a finding that the property may not have special circumstances that would warrant relief from the strict application of the Zoning Ordinance requirements. The size of the property is smaller than the typical 7,000 square foot lot in the R1-7 zoning district, however it is similar in size to other lots in the subdivision. The shape, topography or configuration of the property is not unique and applicable. Further, the applicant’s proposed variance does not appear that it would be detrimental to persons residing or working in the surrounding neighborhood. There are options for covered parking that would not require a variance. However, the decision about whether the criteria have been met is for the Board to make after hearing all the evidence at the hearing. Page 4 of 5 Board of Adjustment Zoning Variance Project Narrative 575-PA-2020, Fike Property, 4719 N. 75th Way, Scottsdale, Arizona Type of variance requested, section(s) of the Zoning Ordinance to be varied: The variance request is for Section 5.504.E.1 of the Scottsdale Zoning Code. The variance request is for a small portion of a new 2-car carport structure to be placed in the front yard 20 foot setback. Please see the Site Plan submitted. The new carport to be built along the side of the property on the northern side is approximately 296 square feet. The square foot portion of the new carport to be extended into the front yard setback is about 115 square feet but the only construction in the setback area will be 2 support posts and a crossbeam roof structure connected into the existing roof and integrated into a new covered porch extension over the front walk from the carport to the front door.