Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES July 5, 2017 The meeting was called to order at 6:00 p.m. by Necia Christensen at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY BOARD OF ADJUSTMENT MEMBERS Necia Christensen, Russell Moore, Sandy Naegle, Scott Spendlove, and William Whetstone WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE Three people were in the audience. Board of Adjustment July 5, 2017 Page 2 B-4-2017 Rios Homes - Variance 1624 West Malvern Avenue R-1-6 Zone REQUEST: Jose Luis Rodriguez Rios and Miriam Rodriguez are requesting two variances from the West Valley City Code. The first variance is from Section 7-11-208 which requires that when the garage is attached to the home and the garage if facing the street, the width of the front of the house excluding the garage shall be 18 feet. The applicant is seeking a variance of 5 feet in order for the front of the house to be 13 feet in width. The second variance is from Section 7-11- 214(2) which requires that the minimum square footage of finished above-ground habitable floor space without a finished three-quarter basement be 1900 square feet. The applicant is seeking a variance of 500 square feet to build a new single family dwelling with 1400 square feet. BACKGROUND: WEST VALLEY CITY GENERAL PLAN recommends low density residential land uses.  The subject property is known as Parcel Number 15-22-452-015. This property is known as lots 5 & 6 Block 12 Chesterfield Subdivision. The property is zoned R-1-6 and is presently vacant. The R-1-6 zone requires a minimum frontage of 65 feet and a minimum area requirement of 6,000 square feet. The subject property is only 50 feet in width, but is in excess of the 6000 square foot minimum requirement.  The applicant has approached staff about the possibility of building a new single family home at this location. However, when staff explained the building requirements, a few concerns were expressed regarding the width and minimum square footage of the dwelling.  To assist the Board in understanding the building requirements pertinent to this application, staff would like to provide some background with regards to each variance request outlined in the applicants application: 1. In the process of reviewing many building permits, staff began to notice that the predominant feature of the dwelling, as seen from the street, was of the garage. In order to enhance the architectural look of the home, an ordinance was adopted that requires the width of the home itself to be at least 18-feet in width. This would balance the garage and home architecturally making for a more attractive home. 2. In 2015, the City Council adopted new housing standards that would regulate construction of new homes within the City. The standard for single family dwellings is 2,000 square feet for a rambler and 3,000 square feet for a two Board of Adjustment July 5, 2017 Page 3 story or multi-story home. In 2016, an exception was added that allowed a new home to be built on a legal lot and/or parcel that was in existence prior to 2015. This exception allowed a single family home to be built at 1,400 square feet for a rambler and 1,600 square feet for a two story or multi-story home. However, the ordinance also stated that if a basement was not constructed, the size would jump to 1,900 square feet and 2,100 square feet respectively. This is due to the face that if a basement cannot be built, it lessens the ability for storage and/or to accommodate growing families.  In regards to the first variance relating to the width of the home, staff would like to point out that the lot is narrow by today’s standards. In addition to the lot being narrow, the City also requires a two car garage to be a minimum of 20 feet in width. If you minus out the required setbacks of 16 feet in the R-1-6 zone and the 20 foot garage, that only leaves you with 14 feet for the dwelling. Although the applicant could do a detached garage, the most desirable home plans have an attached garage for convenience and safety and staff supports this type of home more so than a detached garage.  In regards to the second variance relating to home size, the applicant would need to build a 1,900 square foot home as they are not planning on putting in a basement. Typically, basements are standard in most single family developments in West Valley City. However that determination is made either by a soils report, or recommendation from the Building Official. It would also be determined if the dwelling was in or near a flood plain.  In this case, the owner has decided not to do a soils report but did request that the City Building Official do an on-site inspection to determine whether he felt a basement would work here. According to the Building Official, there were no basements built adjacent to this property and along streets to the north and south of this property. In most cases, residents have a crawl space that extends 2-3 feet below grade. If the Building Official were to render a decision on whether a basement could be built or not, his recommendation would be 2 feet below grade, which of course is not deep enough for a basement. However, if a soils report were to be conducted on this site, it would provide clear evidence whether a basement could be built or not.  According to FEMA flood maps, the area is outside of what is called Zone A but is close to what is called Zone X. Zone A would not allow basements to be constructed due to the requirement of the lowest habitable floor needing to be 1-foot above the flood plain. Zone X would allow basements, but there would be some concern to a future home owner about flooding if there was a large storm, or if the Jordan River breached its banks. The property is approximately 200 feet from Zone X.  The applicant believes that what they are proposing to build is a vast upgrade to the homes that surround this property. The square footage, even without the basement is substantially larger than the majority of homes in this area. Staff did some research and learned that homes in close proximity to the subject property range in size from 774 to 1512 square feet. Most homes are less than 1400 square feet. Board of Adjustment July 5, 2017 Page 4  Should the Board of Adjustment approve the variance, and/or if the applicant decides to pursue building a new home even if one or more variances are denied, the applicant will work with staff regarding a new single family building permit.  ORDINANCE SUMMARY: Section 7-11-208 which requires that when the garage is attached to the home and the garage if facing the street, the width of the front of the house excluding the garage shall be 18 feet. The applicant is seeking a variance of 5 feet in order for the front of the house to be 13 feet in width. The second variance is from Section 7-11-214(2) which requires that the minimum square footage of finished above-ground habitable floor space without a three-quarter basement be 1900 square feet. The applicant is seeking a variance of 500 square feet to build a new single family dwelling without a basement. The West Valley City Land Use Development and Management Act Section 7-12-107 outlines the standards or conditions for approving a variance. The Board of Adjustment may grant a variance only if: 1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district. 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. 4. The variance will not substantially affect the general plan and will not be contrary to the public interest. 5. The spirit of the zoning ordinance is observed and substantial justice done. According to Williams, American Land Planning Law (Volume 5, Criteria for the Validity of Variances, pages 131 and 133 et.seq.) there is a presumption against granting a variance and it can only be granted if each of the standards are met. In Wells v. Board of Adjustment of Salt Lake City, the Utah Court of Appeals held that a Boards decision to grant a variance would be illegal if the required statutory findings were not made. Applicants: Jose Luis Rodriguez Rios and Mirium Rodriguez 1869 West Dale Ridge Drive Salt Lake City, UT 84116 Board of Adjustment July 5, 2017 Page 5 Public Comment: Necia Christensen gave a brief history of the 50’ wide lot. She said that many veterans were in need of housing after WWI. Some lots in the Chesterfield Subdivision were created 25 feet in width, just wide enough to house a rail car for a veteran to camp in. The back of the lot could be gardened for food. Over time, most of these lots were consolidated into 50’, 75’, and 100’ lots. Necia Christensen noticed that the home next door appears to be very close (12-18”) from the property line. Steve Lehman said homes that existed before the City incorporated were grandfathered. Today’s standards are different and this home will need to be built a minimum 6’ from the property line. Sandy Naegle asked if the house plan will fit. Steve Lehman answered that the width of the house will support the total 16’ setback requirement. Steve Lehman mentioned that this property is surrounded by many older, smaller homes. The ability to sell the home or even get a loan to build it will be a challenge. However, the City wants to enhance existing properties and interject new development. Mirum Rodriguez gave her answers to the five variance criteria: 1. The purpose for the City’s zoning ordinances are to promote health, safety and welfare of the citizens. The approval of the two variances we are requesting will not negatively impact the purpose noted above. The unreasonable hardship is the narrowness of the property being only 50 feet wide is really difficult to fit a larger home. The City has a minimum lot size requirement of 15,000 square feet for new development and a minimum home size of 2,000 square feet. Our lot is 9,000 square feet smaller, but we are being asked to build almost to the same standard as the larger lots require. 2. This property is 50 feet in width. There are no other properties on the north side of Malvern or on the south side of Crystal Avenue (north side of lot) with that small of frontage. The smallest property is 62 feet wide. The south side of Malvern does have 3 lots of 50 feet, but the homes are really small. Although there are other lots of 50 feet in this area, we don’t believe that larger homes were ever intended to fit on these small lots. 3. The substantial property right is that we be allowed to build a new home, with an attached two car garage which vastly exceeds most anything in this part of the Chesterfield. We are building as big of a home width wise as we can to come as close as we can to meeting the width requirement. The size of the new house will in some instances be double the size of some of the older homes in the area. 4. This area of the City lacks much, if any new housing. We believe building a new home here will comply 100% with what the City wants to see in new housing and architecture. A new house will not be contrary to the general public, but will only improve other property values in the area. 5. The spirit of the zoning ordinance is observed because a new home meeting all other Board of Adjustment July 5, 2017 Page 6 standards of the zoning ordinance will be built. The City is constantly trying to improve its neighborhoods. Chesterfield is an older area that suffers from a lack of maintenance on many properties. This home will help improve the area and if approved we believe substantial justice will be done. Necia Christensen stated that the narrowness of the property makes it difficult to build a larger home. The 50’ width of the property is a special circumstance. Scott Spendlove said he is comfortable with the plans that have been presented by the applicant. There are no basements in the surrounding flood plain and based on the recommendation from the building official, he thinks the home meets the criteria for not having a basement. William Whetstone agrees. Jose Luis Rodriguez Rios said he wants this home to look nice and also to blend in with the surrounding neighborhood. He hopes to inspire others to improve their properties. Scott Spendlove thanked the applicants for addressing each of the criteria in a clear, concise way. Motion: William Whetstone moved to approve B-4-2017 (both variances) based on the criteria presented. Scott Spendlove seconded the motion. Discussion: Scott Spendlove asked who will maintain the front of the property. Steve Lehman said it will be maintained by the homeowner. Sandy Naegle asked if the variance will remain in force if the property is sold. Steve Lehman answered yes, if someone else were to purchase the property, they could use the variance. A roll call vote was taken: Necia Christensen Yes Sandy Naegle Yes Scott Spendlove Yes William Whetstone Yes Motion Carries – B-4-2017 Approved – Unanimous OTHER Approval of June 7, 2017 Minutes – Approved Russell Moore is retiring after many years of service on the Board of Adjustment. Necia Christensen expressed her love and appreciation for him. We are grateful for his contributions to the City and for his friendship. Board of Adjustment July 5, 2017 Page 7 There being no further business, the meeting adjourned at 6:37 p.m. Brenda Turnblom, Administrative Assistant