HomeMy WebLinkAbout06202013 ZBA Staff Report 2013-04 4258 South JudsonMemo
To: Zoning Board of Adjustments
From: Debbie Scarcella, City Planner
Date: June 20, 2013
Re: Staff Report for Docket 13 -04
Backeround Information
The applicant in Docket 13 -04, 4258 South Judson is requesting a variance to the Zoning Ordinance regarding
Chapter 5, Table 5 -1, 'Building Site Dimensions ". Table 5 -1 establishes the minimum dimensions and square
footage for each "new" and 'old" building site, relying on lot depth, width, area and the date that the building site
was established. Generally, in SF -3 districts, the minimum lot width before 1987, "old" building sites, is fifty
(50) feet and the minimum depth is one - hundred (100) feet with a total building site square footage of 5,000.
After 1987, "new" building sites, the minimum lot width is seventy -five (75) feet and one - hundred and ten (110)
feet deep with a total square footage of 8,250.
The applicant owns the property and house located at 4256 South Judson, which consists of two platted lots that
have been improved with one single story house and one garage. Staff interprets this to indicate that when the
structure was built around 1946, the two lots were joined and an improvement constructed, thus a single building
site was established consisting of both platted lots. One lot is approximately 6,057 square feet and the other, 4,
661. Both lots are irregularly shaped individually, and combine to form a larger irregularly shaped building site.
Staff Recommendation
Upon the passage of the unified zoning regulations in 1987, the City recognized the property as a legal building
site with the dimensions of 114.6 x 135.10 on the west side and 79.3 on the east side. Neither lot individually
meets all of the requirements for a "new" lot in Table 5 -1. The notes in Table 5 -1 establish exceptions for "old"
lots less than 5,000 square feet. Note 1 is applicable to lots of 4,500 square feet and Note 2 is applicable to lots
of 4,300 square feet. Note 2 requires the plat to be approved by either City Council or the ZPC. The plats were
filed before the City established rules for this procedure, so neither body approved the plat. Under Note 1, one
requirement is that the lots were subdivided before 1987 and the second requirement is that the building site be
improved with a principal structure prior to 1987. For each lot to meet the requirements for an 'old" site, each
site would have to have been improved with a principal structure. The applicant is asking the board to grant a
variance to recognize each platted lot as a legal building site so that there is an option to construct a house on
each lot.
Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102, the
ZBA may not issue a variance unless all of the following circumstances are present:
(1) The ZBA must make all findings and determinations required by state law for the granting of a
variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance
4258 South Judson Staff Report Page 1
provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the
ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to
public interest.
(2) The ZBA must make any additional findings and determinations required by a specific provision of
this ordinance that relates to the variance.
(3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required
by this ordinance for the variance in question.
The burden is on the applicant to present evidence to the Board to support each finding and determination
required for the issuance of a variance. The board can prescribe conditions in connection with any variance to
the extent necessary to make any findings or determinations required.
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