To: Mark Hafner, City Manager
From: Sarah Hensley, Assistant Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving 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-22-0033)
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, to have the carport in line with the primary dwelling, and to the Unified Development Code (UDC) requirement to have 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
UDC REQUIREMENT FOR TWO-CAR GARAGE: REQUIRES VARIANCE
Section 8.03 of the UDC requires that homes in all Single-Family zoning districts have a two-car garage (either attached or detached). Furthermore, Section 8.03(c)(4)(d)(1) specifically states that garages shall not be converted:
A garage with a minimum capacity of two (2) cars shall be constructed on the same lot as the primary dwelling unit. The garage shall be maintained for parking and shall not be converted to living space.
In order to approve an SUP for the carport, a variance to this provision must be granted.
LOCATION: REQUIRES TWO VARIANCES
The structure is located 6.1’ from the south property line and is in the 10’ side-yard setback. It is also located evenly with the front of the house rather than behind it as required by the UDC Section 8.06(A)(1)(f), which states:
Detached carports shall be located at the rear of the property and observe all building setback requirements.
STRUCTURE: MEETS UDC
The carport is constructed of stained cedar with a 6.5’ 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 February 16, 2023, the City mailed out 20 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.
As of today, staff has received one response from the public stating they had no objection to this request.
Planning & Zoning Commission Action:
On February 28, 2023, the Planning and Zoning Commission unanimously recommended denial of this Specific Use Permit application and related variances. The Commission felt the zoning violation (lack of a 2-car garage) and the setback encroachment need to be remedied before an SUP could be considered for the carport itself and the variance requested for its location relative to the house.
SUP Request:
To permit a detached carport with the following variances:
1. The variance to the parking regulations for the SF-36 Zoning District requiring a 2-car garage shall be allowed.
2. The variance to encroach the side yard setback by approximately 4’ shall be allowed.
3. The variance to allow the carport to be located in line with the primary dwelling shall be allowed.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.