To: Planning & Zoning Commission
From: Sarah Hensley, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) with variances for a carport on 0.93 acres located on the west side of Hillview Drive, approximately 440 feet northwest from the intersection of Hillview Drive and Bancroft Road, legally described as Lot 4, Block 2 of Rolling Oaks North Addition, zoned Single-Family 36,000 square-foot lot size or greater (SF-36) and addressed 1013 Hillview Drive. Daniel Evans, Owner/Applicant. (SUP-23-0032)
Background:
The Applicant seeks to bring his existing carport into compliance with a Specific Use Permit (SUP) with variances to encroach the side yard setback and to have the carport in line with the primary dwelling. City Council denied the Applicant’s SUP request on March 21, 2023. At the time, the Applicant had an additional variance related to the lack of a two-car garage. The following timeline provides a brief history for the property:
1974 - primary dwelling constructed (approx. 2680 square feet)
2005 or earlier - detached accessory structure (approx. 950 square feet) constructed in the rear- and side-yard setbacks
2015 - Applicant purchased home; 2-car garage had already been partially enclosed by prior owner without a permit
2020 - Carport constructed without a permit
2022 - Garage enclosure completed without a permit
2022 - Code Compliance received anonymous complaint regarding carport
2023 - Applicant request for an SUP for the carport with three variances received a unanimous recommendation for denial by Planning and Zoning Commission and ultimately denied by City Council by a vote of 6-1
Following the SUP denial, the Applicant installed a driveway from the concrete pad under the carport to the existing detached garage at the rear of his property to fulfill the Unified Development Code (UDC) requirement that all residential lots have a garage with a minimum capacity of two cars.
Carport Location: VARIANCES REQUESTED
The structure is located 6.1’ from the south property line and is in the 10’ side-yard setback.
1. A variance to encroach the side yard setback by approximately 4’ is requested.
The carport is also located evenly with the front of the house rather than behind it as required by the UDC Section 9.01(A)(1)(f), which states:
Detached carports shall be located at the rear of the property and observe all building setback requirements.
2. The variance to allow the carport to be located in line with the primary dwelling is requested.
STRUCTURE: MEETS UDC
The carport is constructed of stained cedar with a breezeway connecting the structure to the home. The covered area is approximately 24’ wide and 30’ deep (720 square feet total), and average height of the carport is 12.25’.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
Citizen Input:
On December 21, 2023, the City mailed out 18 Letters of Notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received no response from the public regarding this SUP request. The Applicant provided a letter of support from the neighbor to the south, which is included in the agenda packet.
SUP Request:
To permit a detached carport with the following variances:
1. The variance to encroach the side yard setback by approximately 4’.
2. The variance to allow the carport to be located in line with the primary dwelling.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, this Specific Use Permit application will be scheduled for City Council action on February 6, 2024.