Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES May 2, 2018 The meeting was called to order at 6:02 p.m. by Necia Christensen at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY BOARD OF ADJUSTMENT MEMBERS Necia Christensen, Sandy Naegle, and Scott Spendlove ABSENT Josh Pettersson and William Whetstone WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE Two people were in the audience. Board of Adjustment May 2, 2018 Page 2 B-2-2018 Archibeque and Mower Variance 6111 West and 6121 West 3500 South A Zone REQUEST: Tiffany Archibeque and David Mower are requesting a joint variance from Section 7-6- 202 of the West Valley City Code. This section requires that the minimum frontage of a lot in the A zone be 100 feet and that the area requirement of the lot be 21,780 square feet. The applicants are seeking variances of 46.5 and 1.5 feet respectively for the frontage, and 2,430 and 8,975 square feet respectively for the lot size for properties located at 6121 and 6111 West 3500 South. The applicants are making a joint application in order to adjust mutual property lines. Ms. Archibeque is also seeking a variance 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. BACKGROUND: WEST VALLEY CITY GENERAL PLAN recommends low density residential land uses.  The subject properties are known as Parcel Numbers 14-35-126-103 and 14-35-126-052. These properties are not in a formal subdivision, but are located in the A zone. The Mower property has an existing dwelling, but the Archibeque property does not contain a residential home. Although zoned A, both properties are deficient in frontage requirements and area requirements.  Staff was approached about the possibility of these owners adjusting mutual property lines. Typically, the adjustment of a property line is rather simple and requires an application and new legal descriptions of which both owners sign. However, the resulting properties are required to meet all provisions of the City’s ordinances. In this case, and since both properties do not meet frontage or area requirements to begin with, staff determined that the most appropriate approach would be for the applicants to pursue a variance.  The property line adjustment is being sought to resolve a property line dispute between the two applicants.  At the present time, the Archibeque property is 68 feet in width and the Mower property is 84 feet in width The Archibeque property is 18,295 square feet and the Mower property is 13,860 square feet. Board of Adjustment May 2, 2018 Page 3  Should the variance be granted, and the property lines adjusted, the Archibeque property would have a frontage of 53.5 feet and the Mower property would have 98.5 feet of frontage, thus the variances of 46.5 and 1.5 feet. With this proposal, Mower would deed to Archibeque an area approximately 2940 square feet and Archibeque would deed to Mower an area approximately 1885 square feet. This results in the Mower property being 12,805 square feet and the Archibeque property being 19,350 square feet, thus the variances of 8975 and 2430 square feet.  In addition to the frontage and area requirements, Ms. Archibeque is seeking a variance regarding dwelling size. To assist the Board in understanding the building requirements pertinent to this portion of the application, staff would like to provide some background with regards to this request. * 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 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 fact that if a basement cannot be built, it lessens the ability for storage and/or to accommodate growing families.  In regards to the requested variance relating to home size, the applicant would need to build a 1,900 square foot home. Typically, basements are standard in most single-family developments in West Valley City. However, that determination is made by a number of factors, one of which is sewer depth. In this case, the sewer in 3500 South is approximately 10.9 feet below the roadway. Given that a new home on the Archibeque property would sit approximately 180 feet from the right-of-way, the sewer outfall cannot occur if a basement is constructed. Therefore, the applicant believes that a reduction is not of their doing, but a constraint over the shallow depth of the sewer line.  The applicant believes that what they are proposing to build is an improvement on this property. There have been a number of issues related to an old trailer that has caused problems for the City and its enforcement including City action to clean up the property. The new home will otherwise meet all other provisions of the City’s housing standards. The square footage, even without the basement, is larger than a number of homes in this area. Staff did some research along 3500 South and learned that homes along this area range in size from 1,122 square feet to 1,990 square feet. The proposed new home would be a minimum of 1,400 square feet.  As two variance requests are being proposed, staff would recommend that the Board take action on each one separately. Board of Adjustment May 2, 2018 Page 4  Should the Board of Adjustment approve the variances, the applicant will work with staff regarding a lot line adjustment and a new single-family building permit.  ORDINANCE SUMMARY: Section 7-6-202 of the City Code requires that the minimum frontage of a lot in the A zone be 100 feet and that the minimum area requirement be 21,780 square feet. Section 7-11-214(2) 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. Discussion: Steve Lehman said the property owners have had a property dispute which they would like to resolve through a lot line adjustment. Both properties are zoned A (Agriculture) but neither property meets the A zone requirements: Frontage must be 100 feet on at least a ½ acre lot. Steve Lehman feels a variance request to allow a modification to these parcels is the appropriate action. Tiffany Archibeque will deed a 2,940 sq ft piece of property to David Mower and David Mower will deed a 1,885 sq ft piece of property to Tiffany Archibeque. This will allow a larger area for Tiffany Board of Adjustment May 2, 2018 Page 5 Archibeque to build a home on her property. Frontage and area requirements are still lacking. Granger Hunter Water Improvement District informed Tiffany Archibeque that the depth of the sewer under 3500 South prohibits room for a basement on the rear of her property. If a basement cannot be built, the dwelling size increases to 1900 sq ft. Tiffany Archibeque is asking for a variance of 500 sq ft for the home size, reducing it from 1900 sq ft to 1400 sq ft. Steve Lehman said he heard from a neighbor to the West who is in favor of the variance in the sense that it will help to clean up the property. In regards to the house size, her concern was that such a large house will tower over her property, invading the privacy of her backyard. Steve Lehman invited her in to the office to explain the variances and the potential benefits that would result from a home being built on the Archibeque property. Steve Lehman reported another resident feels that because the properties don’t meet the Agricultural requirements, they should just be rezoned to Residential. She feels that such a small piece of property does not have enough room to house animals. Steve Lehman said there may not be room enough to house a horse, but animals are still allowed, based on the City’s point system. Steve Lehman said the properties do not meet the requirements of R-1-8 zoning, either. No other public input was received. Scott Spendlove asked why this application was continued. Steve Lehman said it was to allow neighbors enough time to review the case. The fact that no neighbors are present is an indication of their lack of opposition. The City notice is succinct, so if more information is needed, residents may call the Planning and Zoning office. Scott Spendlove noted that we have met the legal requirements for noticing. Scott Spendlove informed the applicant that it is her right to continue this application until it can be heard by a full board of five members. Today we have three members to hear the case. Tiffany Archibeque said she is good with three Board of Adjustment members. Scott Spendlove asked for more history on these properties. Steve Lehman said Eugene Bertoch was the original owner of both properties. Eugene Bertoch deeded the properties, probably the result of a trust or a will. Steve Lehman suspects David Mower has been using parts of the Archibeque property. Because there isn’t a home on the Archibeque property, there hasn’t been any pushback to David Mowers’ encroachment on the property. Brandon Hill said there was illegal activity inside a trailer previously located on the Archibeque property. The trailer had been an enforcement problem for several years, until the City had it removed and disposed of. Applicant: Tiffany Archibeque Esther Israelson, Chapman Richards & Assoc. Board of Adjustment May 2, 2018 Page 6 6121 West 3500 1414 East Murray Holladay Rd West Valley, UT Holladay, UT Tiffany Archibeque said she occupied the property for 5 years, but no longer lives there. Esther Israelsen, Tiffany Archibeque’s real estate agent, was also present. Esther Israelsen stated there are potential buyers for the Archibeque property who would like to build a home there. Tiffany Archibeque said she has struggled to sell this property. Tiffany Archibeque feels the best use of her odd, L-shaped property is to build a home there. Having the home set back from the road will give the homeowner some quiet from the street and discourage mischief. Approval of these variances will result in a home that will beautify the area, help to keep the property maintained, increase tax revenue for the City, and settle ongoing boundary line disputes. Tiffany Archibeque disclosed that she has already paid to have the old property lines surveyed. She is willing to pay for a survey of the new property lines. Selling the property will help her to pay for four years of back taxes and the fees she owes to the City for removing weeds and debris. Esther Israelson read the responses to the Archibeque and Mower Variance 5 Criteria: 1. The purpose for the City’s zoning ordinances are to promote the health, safety and welfare of the citizens. The approval of the variance we are requesting will not negatively impact the purpose noted above. The unreasonable hardship is that both properties do not meet existing City ordinances and the buildable area of the Archibeque property is limited for construction of a new home. The Archibeque property was portioned off from Eugene Bertoch's larger property. Tiffany Archibeque received this property upon her step-father's death. The adjacent land owner (David Mower) is claiming that the property conveyed to her step-father is less than what is recorded in the county records. Both owners have agreed to a lot line adjustment to resolve the problem. 2. Both properties are non-conforming as-is, and the readjustment of the property lines will not create any further offense of the zoning code. This is a special circumstance related to these properties. Property to the east and west of these lots are well over a half acre in size. 3. The variance is essential to the enjoyment of the property as the property is zoned for a residential house. Building a home on the property is the highest and best use of the property and prohibiting the owner to sell the lot as a residential building lot would restrict her property rights. 4. Granting the variance would not affect the general plan as the property is already zoned for a residential structure. Nor would granting the variance be contrary to public interest as the proposed single-family house would increase tax base for the City and conforms with its current designation. Board of Adjustment May 2, 2018 Page 7 5. The spirit of the current zoning ordinance is observed as the property is currently zoned for single family use. Sandy Naegle read the variance criteria answers for the Archibeque property: 1. The unreasonable hardship is the narrowness of the property. Since we are adjusting property lines between our property and the Mower property to the east, we are left with a frontage of only 53 feet. It is impossible to fit a home meeting City ordinances. Therefore, we are needing to move the home farther to the south, thus causing a problem for sewer outfall. 2. There are no other properties on the south side of 3500 South at this location with this small of a frontage. The next smallest frontage on the south side of 3500 South is 90 feet. Because of the limited frontage, the home will need to be located farther back on the lot, thus restricting the ability for us to put in a basement. 3. The substantial property right is that we be allowed to build a new home. Other than the basement, this home will meet all other provisions of the City’s ordinances. The size of the new home will exceed many of the homes already built in this 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. In addition, a new home at this location will eliminate many of the enforcement problems this property has experienced over many years. 5. The spirit of the zoning ordinance is observed because a new home meeting all other standards of the zoning ordinance will be built. The City is constantly trying to improve its neighborhoods. While this property is not necessarily in a neighborhood, the new home will help improve the area and, if approved, we believe substantial justice will be done. Esther Israelson said she has had a lot of interest in the sale of this property. Many buyers want to park large vehicles on the property or keep the property until they are able to build in the future. Having no home on the property is part of the problem that has been there from the beginning: lack of maintenance, weeds, and mischief in the back of the property. Esther Israelson is of the opinion that David Mower did not show up to this meeting because he has caused a lot of trouble, including pouring blacktop on Tiffany Archibeque’s property and claiming it is his, and chasing off potential buyers of the property. Esther Israelson reported David Mower has not paid for anything, including a survey of his own property or a third survey showing the correct dimensions and legal description. This burden has fallen on Tiffany Archibeque, causing her a great deal of stress. Approving this variance will allow Tiffany Archibeque to dig herself out of this financial hole and improve the City. This property is under contract with a family who wants to build a home that meets City requirements and who will take care of the Board of Adjustment May 2, 2018 Page 8 property. Approval of this variance will create a win/win situation and will be the highest and best use of this property. Having no further comments or questions, Necia Christensen closed the public portion of the meeting. Sandy Naegle asked if the property may be purchased without building a home there. Steve Lehman answered yes, however, the owner would be required to maintain the property. The variance will run with the land. Scott Spendlove asked who made the determination that the sewer line will not allow a basement on the property? Steve Lehman said he spoke with Damian from Granger Hunter Water Improvement District (GHWID) over the phone. The depth of the sewer is 10.3 feet at 3500 South. GHWID requires a 2% flow rate. The distance from 3500 South to where the home will be is 180 feet. Footings must be 3’ deep, which only leaves 9” for a basement. Scott Spendlove asked where David Mower is in all of this. Steve Lehman answered this application is signed by David Mower. Brandon Hill speculated that David Mower has less at stake than Tiffany Archibeque. Steve Lehman pointed out that David Mower will be deeding more land to Tiffany Archibeque than will be deeded to him. Motion: Scott Spendlove motioned to approve the two variances regarding frontage and lot size. Sandy Naegle seconded the motion. A roll call vote was taken: Necia Christensen Yes Sandy Naegle Yes Scott Spendlove Yes Motion: Scott Spendlove moved to approve the variance reducing the minimum square footage of the home from 19,000 sq ft to 1,400 sqft with no basement. Sandy Naegle seconded the motion. Scott Spendlove said other variances may be needed, depending on the home plan that is selected. Brandon Hill said if another variance is required, it will not run with the land and the owner will need to apply for another variance. Steve Lehman said the home plan they are looking at is just under 1500 sq ft. Because there is no basement, things like the furnace and water heater will eat up space on the main floor. Board of Adjustment May 2, 2018 Page 9 Scott Spendlove feels the five criteria for issuing a variance have been met. The disputed boundary lines create a special circumstance with the property that was not created by the applicant. A roll call vote was taken: Necia Christensen Yes Sandy Naegle Yes Scott Spendlove Yes Motion Carries – B-2-2018 Approved – Unanimous There being no further business, the meeting adjourned at 7:02 p.m. Brenda Turnblom, Administrative Assistant