Board of Zoning Adjustment

Minutes of the special meeting of the Ogden Cit~ Board of Zoning Adjustment held January 11, 2017. Meeting was conducted by Chair Grimes and began at 4:31 p.m. Members Present: Kevyn Grimes, Chair Charles Casperson Stephanie Nix Ross Patterson Staff Present: Greg Montgomery, Planning Manager Joseph Simpson, Planner Jannette Borklund, Plann1ng Technician Mark Stratford, City Attorney Others Present: Scott Stettler Jan Welsh 1. 8p_Rroval of the Minutes, of the regular meeting held November 30, 2016 A motion was made by Mr. Casperson to approve the mmutes as prepared. Motion was seconded by Ms. Nix and passed unammously. 2. Case #2016-9, to allow parking of two vehicles in the front setback at 3371 Van Buren Avenue. Mr. Scott Stettler stated this is his family home and smce his parents have passed, the family is in the process of selling the home. He stated he has worked with Planning Staff and has worked out a compromise plan whiCh is part of the Staff report and recommendation. He stated while the parking situation has been as it is for about 50 years, the driveway widening was done without perm1ts and does not meet the City's regulations. He is willing to remove part of the concrete and reduce the dnve approach to meet the City's standards, but is asking for a variance to allow the parking of two vehicles to extend 14.5' into the front yard setback. Mr. Simpson stated the original request has been modified through a solution worked out between Staff, the current owner and the buyer of the property. While Staff had recommended denial of the original request, it is felt the compromise solution could be approvable in that the intent of the Ordinance IS satisfied. He reviewed the history of the property, stating the owner had previously applied for a Legal Conforming Certificate for a two-family dwelling at which time research showed while the use as two dwelling units could be grandfathered, there have been other additions to the site which violate the zoning regulations. He stated it appears the home was built in 1956 at which time the parking requirement for the two units was two parking spaces. It appears each of the units had an attached garage at that time, but smce then the center garage has been converted to living space and the driveway widened, with parking encroaching into the front yard setback and public right-of-way. He stated it would be a hardship to create new parking spaces. The design of the home fits development of the area as many have only one parking space per umt. He stated while the garage enclosure could have legally been done, the result is that parking extends into the front setback area. 'Staff has suggested the amount of pavement in the front yard be reduced, allowing a 4' sidewalk to the street for one unit and reducing the driveway width from 47' to 20' at the entrance. This would result in 14.5' encroachment of parking in the front setback, creating three parking spaces which would not extend into the public right-of-way. Reducing the pavement as proposed will make the s1te more compatible with the spirit of the Zoning Ordinance, wh1le granting the variance to allow  the front yard encroachment will prov1de needed parking for the tenants. Staff recommendation is for approval of the variance subJect to the s1te plan as shown which allows two parking spaces to encroach 14.5' into the front yard setback and that the owner/applicant work w1th Plann1ng Staff to obta1n a land use permit to install the landscaping, and the paved park1ng and walkways on the site, as shown on the site plan, a finanCial guarantee be established with Ogden C1ty for the new landscaping prior to obtaining a land use permit, and the applicant/owner work w1th Eng1neenng Staff to obtain a right-of-way permit to install a 20' wide drive approach and curb and gutter as shown on the site plan. Ms. Jan Welsh asked about the financial guarantee process. Mr. Simpson explained the Ordinance for financial guarantees requires the applicant to establish an agreement with the City which may be done m a vanety of ways, with the cost of the required improvements to be held by e1ther a fmancial inst1tut1on or Ogden City, and once the work is complete 90% of the full amount 1s released, and upon a one-year mspect1on Staff inspects the site and if landscaping is still healthy, the additional1o% is released. MOTION: A motion was made by Ms. Nix to approve the variance as recommended by Staff as literal enforcement of the Zoning Ordinance would create an undue hardship, there are speCial Circumstances that apply to this property, the proposed parking is consistent with the development pattern of the area, grant1ng the variance will allow for a substantial property right, is cons1stent with the General Plan and the spirit of the Zon1ng Ord1nance 1s observed. Approval is subject to the site plan as prepared and the owner/applicant obtain a land use permit to install the landscaping, and the paved parking and walkways on the site, as shown on the site plan, a financial guarantee be established with Ogden C1ty for the new landscaping pnor to obtaining a land use permit, and obtam a nght-of-way permit to install a 20' wide drive approach and curb and gutter as shown on the site plan. Motion was seconded by Mr. Casperson and passed unanimously, w1th Mr. Casperson, Ms. Nix, Mr. Patterson and Chair Gnmes vot1ng aye. There being no additional busmess before the Board, the meet1ng was adJourned at 4:47p.m. Respectfully submitted, -----.oi'VINIIMOI~ $JL4 nette Borklund, Planning Technician Approved: ~_} 25~L7-- c~~te) .