HomeMy WebLinkAboutPre-Hearing Staff Analysis PA82-010 Wong Rear Yard Variance
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PRE-HEARING STAFF ANALYSIS
~c Zoning Administrator - Hearing
FROM: Planning Director
SUBJECT: PA 82-010 Thomas Wong
GENERAL INFORMATION
Project: Rear Yard Variance to allow 7~ foot rear yard where 10 feet is
typically required.
Appoicant: Thomas Wong
Property OWner: Thomas Wong
Project Location: 6998 Ipencer Court
APN 941-204-73
(Residential) ~ingle Fami~y
Cate,orically Exemp~, Class 5
zoning: R-l
BIR Status:
Applicable Regulations:
Zoning Ordinance Section 8-93.0 Variances discusses the precise legal
bawis upon which a variance may be~gran~ed. Eac~ of the following findings
must be answered in the affirmativ~ in ~rder to grant a vatiance: 1) that
there are special cireumstanpes including size, shape, topography,
location or surroundings, applicable to the property which deprive the
property of privileges enjoyed by other property in the vicinity under
the identical zoning classification; 2) that the granting of the appli-
cation will not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone;;
3) that the granting of the application will not be detrimental to persons
or property in the neighborhood or to the public welfare.
Section 26.6 Yards: R-l District -
Depth of Rear Yard - twenty (20) feet
Width of Side Yard - not less than~ 5 feet plus 1 foot or each full 10 feet
by which the median lot width exceeds 50 feet up to a maximum requirement
of ten (10) feet. . . .
Section 8-26.1: Alternate provision of Rear Yard. 8-26.6.1 Same:
Alternate Provision of Rear Yard. Section 8-26.6 notwithstanding, a
rear yard may have a depth of not less than ten feet (10') if that
portion of the rear yard less than tWBBty feet (20') in depth is
compensated by open areas within the same or adjacent yards on the same
Building site that exceed side and rear yard requirements by an area
at least equal to the extent of building coverage of the twenty foot (20')
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rear yard. Said compensatieg area shall be considered a Required Yard
in accordance with Section 8-60...33.
Background:
Mr. Wong has requ...etita,\rear ya,rd v,ariance to enable him to oonstruct
a 1 story dining room to the rear of lis house. His house is set back
to the rear of his lot-so th~t only a 20~ rear yard exists. The Zoning
Ordinance requires that there be_ a.20 fpot rear yard. A reduotion of the
20 foot -requirement to 10 _feet. ,is possible if existing side yards exceed
minimum side yard requirem~nts.
ANALYSIS
Mr. Wong's property has side and rear yards that are slightly larger
than required in an R-l District. The excess area is 164 square feet.
Using Section 8-26.1 of the ~oning prdinance, the dining room could
extent 10~ feet beyond the existing house provided that it did not
have more than 164 square feet o,f gros_s flo171' area.
The house to the east of Mr. Wong's is farther back on ths lot than
Mr. Wong's. The proposed dining room would not extend further back than
this house. The house to ~h~ west of Mr. Wong's has the same rea~ yard
and therefore the proposed dinin~ room. would extend further back than
this neighbor's house. The. fiining room, however, would be about 40 feet
from the house to the west.
The dining room is pro~sed ,t~ be l3~ feet deep which causes the year
y..d to be reduced to 7 feet. Thi~ would~eesul~ in a need for a 3 f~ot
varianoe if Section 8-2611 was applied.
Findings:
section 8-93.0 require..that theee specific findings be made in order
to grant a variance. They ,are:. _
a) That there are special circumstances including size, shape,
topography, location or surroundings, applicable to the
property which deprive the property of privileges enjoyed
by other property in ~he ylcinity under the identical
zoning classificationj
That the granting of the application will not constitute a
grant of special privlleges inconsistent with the limita-
tions upon other prop~rt~es in the vicinity and zone;
b)
c)
That the granting of the application will not be detri-
mental to persons, 1 or: pIl"perty in the neighborhood or to
the public welfare.
We find that:
a) The street and lot copfiguration tends to deprive this
property of the abili~y t.o build a rear yard addition that
other similarly zoned~property do not have;
Page 3
b)
The granting of this l~ foot variance would not be a gran~
of a special privilege that is inconsistent with the limita-
tions upon other prop~rti~s ~n the vininity and zone;
The variance would not cause any detrimental affect to
persons or pDoperty ip th~ neighborhood or to the public
welfare.
c)
PRE-HEARING RECOMMENDATION:
In order to allow the property ~wne~ to build a room that is of a
rea.~l~ size yet to keep~p~ rear yard as large as possible ia
recommended that the variance be granted subject to the following
conditions:
1)
Attachments:
is
The rear yard ts to b~ a minimum of 8~ feet deep.
a grant of a l~ foot Fea~ yard vairance.
This is
2)
The addition is not t~ contain more than 164 gross square
feet of floor area.
3)
The addition shall be buil~ consistent with the design
shown on the plans supmi~ted with thAs variance request.
The exterior of the addition shall utilize the same
materials, colors, detaiis, roof design and textures as
used on the existing house.
. .
Applicant's plans ~nd puilding elevations