Variance Staff Report

TO: ZONING HEARING OFFICER FROM: NATHAN WILLIAMS, AICP, SENIOR PLANNER (480) 503-6805, NATHAN.WILLIAMS@GILBERTAZ.GOV THROUGH: CATHERINE LORBEER, AICP, PRINCIPAL PLANNER (480) 503-6016, CATHERINE.LORBEER@GILBERTAZ.GOV MEETING DATE: NOVEMBER 9, 2016 SUBJECT: V16-08: LIDDELL GARAGE REMODEL AND ADDITION:

REQUEST TO DEVIATE FROM THE TOWN OF GIBLERT LAND DEVELOPMENT CODE (LDC) REQUIREMENTS CONTAINED IN SECTION 2.104 LOT DEVELOPMENT REGULATIONS AND SECTION 2.106 ADDITIONAL DEVELOPMENT REGULATIONS; TO ALLOW RELIEF FROM THE REQUIREMENT THAT A SECONDARY DWELLING UNIT/ DETACHED GARAGE STRUCTURE BE PARTIALLY LOCATED IN THE SIDE AND REAR SETBACKS OF THE LOT AND TO INCREASE THE MAXIMUM LOT COVERAGE. THE SUBJECT REAL PROPERTY IS LOCATED AT 120 W. PARK AVE. AND IS ZONED SINGLE FAMILY-6 (SF-6) ZONING DISTRICT.

STRATEGIC INITIATIVE: Community Livability

A variance approval will allow a proposed secondary dwelling unit and detached garage structure to be located within the side and rear building setbacks and increase the minimum lot coverage on an existing single family residential lot.

RECOMMENDED MOTION Make the Findings of Fact and approve V16-08, Liddell Garage Remodel and Addition: a request to deviate from, Section 2.104 Lot Development Regulations; and Section 2.106

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Additional Development Regulations: 1) to increase the maximum permitted lot coverage from 45% to 55%; 2) to reduce the required side yard (east) setback from 5 feet to 3 feet; 3) to reduce the required side yard (west) setback from 10 feet to 5 feet; and 4) to reduce the required rear yard (north) setback from 20 feet to 5 feet for approximately 0.14 acres of real property located at 120 W. Park Avenue and zoned Single Family - 6 (SF-6) zoning district, subject to conditions. APPLICANT/OWNER Name: Doralise Machado-Liddell Address: 120 W. Park Ave. Gilbert, AZ 85233 Phone: 480-444-8373 Email: liddell0601@cox.net BACKGROUND/DISCUSSION History Date Description April 1917 The Lacy Tract subdivision plat was recorded with Maricopa

County, of which the subject site is located on Lot 13 of the Lacy Tract.

July 6, 1920 The 613 acres of the overall area of downtown Gilbert area including the subject site was annexed into the Town of Gilbert.

Circa 1941 The existing primary dwelling unit and existing detached garage was constructed on the subject site.

1991 First Redevelopment Plan adopted, readopted in 2008 December 13, 2013 The current property owner purchased the subject site (Lacy Tract,

Lot13) as well as Lot 12 and Lot 14 of the Lacy Tract subdivision located directly to the east and west of the subject site.

Overview The variance request under V16-08, for the Liddell Garage Remodel and Addition is a request to deviate from Section 2.104 Lot Development Regulations and Section 2.106 Additional Development Regulations; to allow relief from the requirements of the side and rear property setbacks and to increase of the maximum permitted lot coverage. The variance would apply to the remodel of an existing garage and an addition, in order to construct a secondary dwelling unit and detached garage structure on the subject site. The property is zoned Single Family-6 (SF-6) and is located at 120 W. Park Avenue. The subject site consists of a 50’ x 130’ parcel (6,500 sq. ft.) that is rectangular in form, in excess of the required minimum lot area size (6,000 sq. ft.) and lot depth (100’ in depth). However, the minimum lot width is substandard at 50’ wide where 55’ wide is the minimum required in SF-6 zoning district. There is an existing 2,129 sq. ft. residence with attached side-loaded carport and 377 sq. ft. detached garage and shade structure on the subject site.

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The property owner proposes to renovate/ reconstruct the existing detached garage structure and shade structure that was built in 1941 with the primary dwelling unit and to construct a new 1,214 sq. ft. secondary dwelling unit and detached garage structure on the northern portion of the property to essentially replace the existing structure, which is dilapidated and located approximately 1’ over the eastern property line. The proposed new structure is intended to be habitable and constructed within existing property boundaries. A secondary dwelling unit structure is required to be located within the building envelope. However, given the subject site was reclassified as SF-6 zoning in 2005, the applicant/ owner finds the required lot development regulations of the Land Development Code (LDC), including the conventional setbacks and lot coverage, cannot be met due to the narrow and uniquely shaped lot within the Heritage District. The variance is not the result of a code compliance case but rather the applicant requesting to construct the new secondary dwelling unit and garage structure in its proposed location, with proposed setbacks and lot coverage. Staff notes that if the variance requests were to be approved for V16-08, the applicant/ owner would need to apply for an Administrative Use Permit application to allow for a secondary dwelling unit use on the subject site. Additionally, the Town of Gilbert Building Division would need to process a building permit application for the proposed structure as well. Four variances are requested as follows:

1) Request to deviate from the Town of Gilbert Land Development Code Requirements Contained in Section 2.104 and Section 2.106: Lot Development Regulations – Single Family Residential Districts: to increase the maximum permitted lot coverage from 45% to 55%;

2) Request to deviate from the Town of Gilbert Land Development Code Requirements Contained in Section 2.104 and Section 2.106: Lot Development Regulations – Single Family Residential Districts: to reduce the required side yard (east) setback from 5 feet to 3 feet;

3) Request to deviate from the Town of Gilbert Land Development Code Requirements

Contained in Section 2.104 and Section 2.106: Lot Development Regulations – Single Family Residential Districts: to reduce the required side yard (west) setback from 10 feet to 5 feet; and

4) Request to deviate from the Town of Gilbert Land Development Code Requirements Contained in Section 2.104 and Section 2.106: Lot Development Regulations – Single Family Residential Districts: to reduce the required rear yard (north) setback from 20 feet to 5 feet.

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Surrounding Land Use & Zoning Designations: Existing Land Use

Classification Existing Zoning Existing Use

North Residential > 5-8 DU/Acre SF-6 Existing residential home

South Residential > 5-8 DU/Acre SF-6 Existing residential home

East Residential > 5-8 DU/Acre SF-6 Existing residential home

West Residential > 5-8 DU/Acre SF-6 Undeveloped lot

Site Residential > 5-8 DU/Acre SF-6 Existing residence and detached garage

Project Data Table Required per LDC

SF-6 Proposed under V16-08 SF-6

Minimum Lot Area 6,000 sq. ft. 6,500 sq. ft. Minimum Lot Width 55’ 50’ Minimum Lot Depth 100’ 130’ Building Setback Front 20’ N/A – Secondary Dwelling

Unit Building Setback Side 5’/ 10’ 3’/ 10’ – Secondary

Dwelling Unit/ Garage Building Setback Rear 20’ 5’ – Secondary Dwelling

Unit/ Garage Maximum Lot Coverage 45% 55%

FINDINGS

In order to approve a Variance, the Zoning Hearing Officer is required to make four findings per Section 5.503 of the LDC. The findings are listed here, along with the reasons why staff considers that the findings are or are not met in this case. These findings are: A. There are special circumstances applicable to the property, including its size, shape,

topography, location, or surroundings, whereby 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;

Staff finds that special circumstances are present. Although the subject site is uniform in shape with many of the other parcels of the Lacy Tract Subdivision created in 1917, staff does consider the parcel to be somewhat irregularly shaped in terms of the narrow width and long depth in relation to the SF-6 development standards, notably side and rear yard setbacks. With the neighboring parcels essentially being narrow

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but deep lots with both alley loaded access and front street access, the parcels in the area are uniquely configured because they are a part of a true village center established in 1917. Additionally, staff notes that the location of the subject site in the Heritage District of the Town of Gilbert constitutes a special circumstance for the property for multiple reasons. The Redevelopment Plan specifically encourages reinvestment by rehabilitating substandard buildings. As such the parcel and the Lacy Tract subdivision were created and recorded with Maricopa County in 1917 and the existing home and detached garage constructed circa 1941 as noted by the applicant. Additionally previous zoning for the subject site and Lacy Tract subdivision was “R-3 District, Multi-Family Residence” under the Unified Land Development Code (ULDC), which allowed by right for multi-family developments on one parcel. In 2005, the parcel and area were reclassified to conventional SF-6 zoning with the adoption of the current Land Development Code (LDC). However, the past and current zoning districts for the subject site have not particularly suited a parcel or area that is intended for downtown or “village center” living, which typically allow for more density via increased height or reduced setbacks for a variety of housing types and options such as bungalows and multi-plex structures, and ideally creating walkability to the downtown or village center of Gilbert. As such staff notes that a text amendment (Z16-17) to the LDC is being initiated for the very purpose of creating unique zoning district(s) for existing residential parcels in the Heritage District to accommodate the housing needs, demands and forms that are typical of a village center. The intent is to create zoning districts that would fit and allow developments such as this under (V16-08) by right in the area. Staff finds that the strict application of the zoning ordinance would deprive the specific property of privileges enjoyed by similar Heritage District property in the SF-6 zoning district. The SF-6 district requires a maximum of 45% lot coverage for one-story buildings. In this case, the unique lot location and the conventional SF-6 development standards are not particularly suitable for the desired village living and design with its variety of housing types and options. Staff finds the proposed 55% lot coverage is reasonable. Staff notes that although the property is larger than the minimum lot size required in SF-6 zoning district. This is a result of the existing lot dimensions created in 1917 of 50 feet width (where 55’ is required) and 130 feet depth (where 100’ minimum is required) for an overall lot size of 6,500 sq. ft. (where 6,000 sq. ft. minimum is required). As such the subject site is 5’ narrower in width than is typically required. Without the requested variances, the strict application of the SF-6 development standards would prohibit the ability to provide for such a structure as an improved garage, a secondary dwelling unit or guest quarters on the property.

B. Such special circumstances were not created by the owner or applicants; Staff finds that the special circumstances present are not “self-imposed”.

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The applicant explains that the owner did not create the unique property size and shape. The property owner is essentially cleaning up a pre-existing condition on the site with the existing detached accessory garage. The applicant would like to continue to utilize a detached structure on the site; however, this existing structure is in a dilapidated condition and is actually constructed over the eastern property line by 1’. Therefore, the variance request is a result of the property owner wanting to utilize an existing structure but also needing to improve a dilapidated, uninhabitable structure; improve the existing detached garage; and remodel the existing structure into a usable and structurally sound building that is reviewed and approved for all life safety and building code requirements; and additionally relocate a new structure completely onto Lot 13 of the Lacy Tract subdivision. Staff additionally notes that the typical lots within this specific area and surrounding parcels are predominately rectangular in size and shape. However with regard to the subject site, the irregular size and shape is due to the substandard lot width on the subject site, resulting from the creation of the Lacy Tract subdivision in 1917. Additionally the existing primary dwelling unit and existing detached garage/ accessory structure on the subject site were constructed circa 1941, approximately 70+ years before the current property owner purchased the subject site and adjacent parcels to the east and west of the subject site.

C. The variance 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; and Staff finds the variance would not grant special privileges inconsistent with limitations on nearby or comparable properties. The applicant has submitted photographs of other adjoining properties on the same street and along existing alleys in the immediate area that exhibit reduced front yard setbacks for accessory structures and garages. Staff notes that the increase in maximum lot coverage is minimal and typical of village center type housing with increased density and housing types. Aerial photos show lots in the vicinity exhibit similar coverage and side and rear yard setbacks. There are four (4) existing and approved variances in the vicinity with SF-6 zoning that have been granted similar variance requests for front, side, and rear setbacks along with allowances for increases in minimum lot coverage.

D. The variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general. Staff finds that the proposed variance will not be detrimental to the enjoyment of adjacent properties, land uses or the greater community’s welfare and safety. Staff notes that the property owner and applicant for V16-08, owns both parcels that are directly adjacent to the subject site (Lot 13 of the Lacy Tract subdivision) on the east and west

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of the site, while an existing 15’ wide alley separates the subject site from the parcel to the north. Additionally staff notes that photographs of other adjoining properties on the same street and along existing alleys in the immediate area demonstrate reduced side and rear yard setbacks for accessory structures, dwelling units and detached garages. Aerial photos also show lots in the vicinity that exhibit similar coverage and side and rear yard setbacks. Staff is not aware of any opposition to the granting of this variance request.

Pursuant to the above analysis, Staff finds that the variance request does meet all of the four (4) findings required by Article 5.503 of the Land Development Code and ARS § 9-462.06.G. PUBLIC NOTIFICATION AND INPUT A notice of public hearing was published in a newspaper of general circulation in the Town, an official notice was posted in all the required public places within the Town and neighborhood notice was provided per the requirements of the Land Development Code Article 5.205.

As noted above, staff has received no input of the surrounding property owners/ neighbors directly adjacent to the subject site of V16-08. PROPOSITION 207 An agreement to “Waive Claims for Diminution in Value” pursuant to A.R.S. § 12-1134 was signed by the landowners of the subject site, in conformance with Section 5.201 of the Town of Gilbert Land Development Code. This waiver is located in the case file. STAFF RECOMMENDATION Make the Findings of Fact and approve V16-08, Liddell Garage Remodel and Addition: a request to deviate from, Section 2.104 Lot Development Regulations; and Section 2.106 Additional Development Regulations: 1) to increase the maximum permitted lot coverage from 45% to 55%; 2) to reduce the required side yard (east) setback from 5 feet to 3 feet; 3) to reduce the required side yard (west) setback from 10 feet to 5 feet; and 4) to reduce the required rear yard (north) setback from 20 feet to 5 feet for approximately 0.14 acres of real property located at 120 W. Park Avenue and zoned Single Family - 6 (SF-6) zoning district, subject to conditions:

1. The variance only modifies those standards specifically identified; all other standards of the Land Development Code must be met.

Respectfully submitted,

Nathan Williams, AICP Senior Planner

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Attachments and Enclosures: 1) Hearing Officer Findings of Fact 2) Notice of Public Hearing 3) Aerial Map (2 pages) 4) Site Plan 5) Proposed Floorplan of Secondary Dwelling Unit Structure 6) Proposed Elevations of Secondary Dwelling Unit Structure (2 pages) 7) Lacy Tract Final Plat 8) Photos of Area

FINDINGS OF FACT

FINDINGS OF FACT FOR VARIANCE APPLICATIONS CASE NUMBER: V16-08 APPLICANT NAME: Doralise Machado-Liddell The Hearing Officer, having heard all the evidence before it and having reviewed the file in the above application for a variance, hereby grants the variance application and makes the following findings: There are special circumstances of the property, including its size, shape, topography, location or surroundings, whereby 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. Those special circumstances include the following: The above special circumstances applicable to the property were not created by the owner or applicant and are more than mere personal inconvenience or financial hardship because: The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the zone and vicinity in which such property is located because: The authorizing of the application 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 because: The variance will not make any changes in the uses permitted in the zoning classification or zoning district, or make any changes in the terms of the zoning ordinance except adjustments authorized by ARS § 9-462.06. _______________________________ ____________________________ Hearing Officer Date

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V16-08 Liddell Garage Remodel and AdditionAttachment 1: Hearing Officer Findings of FactNovember 9, 2016

GILB

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REQUESTED ACTION:

VARIANCE HEARING DATE:

LOCATION: Gilbert Municipal Center, Room 23690 E. Civic Center DriveGilbert, Arizona 85296

APPLICANT: Doralise Machado-LiddellADDRESS: 120 West Park AvenueGilbert, AZ 85233

* The application is available for public review at the Town of Gilbert Development Services division Monday - Thursday 7 a.m. - 6 p.m.

SITE LOCATION:

±0 175 35087.5 Feet

* Call Planning Department to verify date and time:(480) 503-6805

Notice of Public HearingWednesday, November 9, 2016* TIME: 5 PM

TELEPHONE: (480) 444-8373E-MAIL:liddell0601@cox.net

V16-08: Liddell Garage Remodel and Addition: Request for a deviation from the strict application of the Town ofGilbert Land Development Code requirements set forth in Chapter I Zoning Regulations, Division 2 Land UseDesignations, Article 2.1 Single Family Residential Districts, Section 2.104 Lot Development Regulations; andSection 2.106 Additional Development Regulations, to allow relief from the requirement that a Secondary DwellingUnit be located in the building envelope subject to the following variance requests 1) to increase the maximumpermitted lot coverage from 45% to 55%; 2) to reduce the required side yard (east) setback from 5 feet to 3 feet; 3) to reduce the required side yard (west) setback from 10 feet to 5 feet; and 4) to reduce the required rear yard(north) setback from 20 feet to 5 feet. The subject real property is located at 120 W. Park Avenue and is zonedSingle Family - 6 (SF-6) zoning district.

GILBERT

W. CULLUMBER AVE

W. PARK AVE

N. OA

K ST SITE

V16-08 Liddell Garage Remodel and AdditionAttachment 2: Notice of Public HearingNovember 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 3: Aerial Map (2 pages)November 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 4: Site PlanNovember 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 5: Proposed Floorplan ofSecondary Dwelling Unit StructureNovember 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 6: Proposed Elevations ofSecondary Dwelling Unit Structure (2 pages)November 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 7: Lacy Tract Final PlatNovember 9, 2016

V16-08 Liddell Garage Remodel and AdditionAttachment 8: Photos of AreaNovember 9, 2016