Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES October 2, 2019 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, Angela McConkey, Josh Pettersson, Scott Spendlove, and William Whetstone ABSENT Sandy Naegle WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE One person was in the audience. Board of Adjustment July 3, 2019 Page 2 B-4-2019 Wright Development Group – Variance Request 5696 West 3500 South C-2- Zone REQUEST: Logan Johnson, representing Wright Development Group, is requesting a variance from three sections of the West Valley City Code. Section 7-6-303 of the City Code requires that the 20-foot minimum setback area adjacent to a street be permanently landscaped. Section 7-9-112 requires that parking lots with five or more spaces have a minimum 20-foot wide landscape strip in all yards adjacent to any street and Section 7-10-103 requires that all properties provide a minimum 20-foot landscape buffer along high image arterials. The applicant is proposing to re-develop the subject property and is requesting a reduction of the required landscaping from 20 feet to 17 feet along 3500 South. BACKGROUND: WEST VALLEY CITY GENERAL PLAN recommends commercial land uses.  The applicant is assisting with a development proposal to redevelop the subject property from the old abandoned Dairy Queen to a new 7-11 store. 7-11 was forced to vacate their original store on the southwest corner of 5600 West 3500 South due to the widening of the intersection related to the Mountain View Corridor. Upon review of City requirements for landscaping, the applicant noticed that with the proposed use, a smaller landscaped area would be needed for the new site plan to work. The required area is 20 feet. They are able to install 17 feet of landscaping, thus the variance request of 3 feet.  While 7-11 will be purchasing additional property from UDOT to make this site work for the new store, they are dealing with a rather shallow property having a depth of only 140 feet for the fueling station and vehicular movements. They have asked UDOT if they could acquire additional property to the west, but that portion of UDOT’s property is reserved for the Mountain View Corridor trail system.  The subject property is located on the north side of 3500 South at 5696 West. The original business at this location was a Dairy Queen. The site plan for the Dairy Queen was approved by the City in 2002. While the proposed application (7-11) will include more property than was part of the original Dairy Queen, the variance request is specific to the east side of the property and landscaped area adjacent to 3500 South. There are two portions of existing landscaping. Only the east side of the property is in question.  When the Dairy Queen was approved in 2002, the half width along 3500 South was 40 feet. UDOT required dedication to a 53-foot half width, which meant that Dairy Queen would have Board of Adjustment July 3, 2019 Page 3 needed to deed an additional 13 feet to meet this requirement. With the pending construction of the Mountain View Corridor, the planned right-of-way width at this location will be wider. However, the majority of this widening will occur on the south side of 3500 South. From all indication, the north right-of-way line will not change.  According to the original site plan for the Dairy Queen, there was approximately 33 feet of landscaping from back of sidewalk. While Dairy Queen dedicated the additional 13 feet, they did not install improvements to the anticipated 53-foot half width. Now that improvements will be installed here with the widening of 3500 South, the landscaping narrows to 20 feet. However, due to the configuration of the fueling station, and requirements for vehicular movements, the applicant is only able to install 17 feet of landscaping.  The applicant has submitted a proposed site plan which staff has included for the Board’s review. In addition, the applicant has provided a letter outlining the answers to the variance criteria. ORDINANCE SUMMARY: Section 7-6-303 of the City Code requires that the 20-foot minimum setback area adjacent to a street be permanently landscaped. Section 7-9-112 requires that parking lots with five or more spaces have a minimum 20-foot wide landscape strip in all yards adjacent to any street and Section 7-10-103 requires that all properties have provide a minimum 20-foot landscape buffer along high image arterials. The West Valley City Land Use Development and Management Act Section 7-18-107 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 is 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. Board of Adjustment July 3, 2019 Page 4 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. Applicant: Logan Johnson, Wright Development Group 1178 West Legacy Crossing Centerville, UT 84014 Discussion: Necia Christensen asked if the building was shifted all the way to the west property line, if a variance would still be needed. Steve Lehman said the rear setback in the C-2 (General Commercial) zone is 0 feet, however, there must be enough room for trucks to clear the canopy. He answered that he is not sure that moving the building would make a difference. He noted that there is cross access through the property and behind the Dairy Queen site. Steve Lehman mentioned that the purchase of this property depends on the granting of this variance. Scott Spendlove asked, if the variance is granted, will signage be affected? Steve Lehman answered that there is plenty of space for signage along the east side of the property. Logan Johnson feels installing a monument sign will not be a problem on a 15’ landscaped area and will not hinder visibility. Scott Spendlove asked if the property owner will be required to add curb and sidewalk. Steve Lehman said 3500 South belongs to UDOT. Logan Johnson said UDOT will require that the developer put in the sidewalk when the right of way is installed. Josh Pettersson asked if the variance is granted and the potential buyer does not purchase the property, will the variance stay with the land? Steve Lehman answered yes. Logan Johnson said he has had this property under contract for quite a while. Because this property borders an A (Agriculture) zone, the building requires a setback. The pinch point is along the north and south ends of the canopy. Logan Johnson showed a template that calculates the turning radius of a truck on the property. There must be enough room for trucks to navigate around the canopy, specifically, 12 and 24 feet on one of the two sides. William Whetstone observed that even with a 3’ variance, room for maneuvering trucks looks tight. He asked the applicant if more than a 3’ variance is needed. Logan Johnson said he met with 7-Eleven to discuss this site, among others. A 3’ variance is the razor thin minimum to meet safety standards. He said 7-Eleven requested a 5-foot variance to allow more breathing room. Brandon Hill said the expansion of the request from a 3’ to a 5’ variance is allowable by law. Upon the suggestion of City Staff, Logan Johnson said he approached surrounding property owners to purchase property from them, but he was unable to get their cooperation. Board of Adjustment July 3, 2019 Page 5 Logan Johnson read his answers to the five variance criteria: 1. Due to the unique characteristics of the parcel in question, literal enforcement of the required 20’ setback would cause an unreasonable hardship, is not necessary to carry out the general purpose of the setback, and would not adversely affect the public health, safety and welfare of West Valley City. The requested reduction would be consistent with adjacent and nearby properties. 2. The need for the variance is caused by the unusually small depth of the parcel in combination with the widening of the road as part of the Mountain View Corridor expansion. Other lots on the street and near the corner have an average depth of 220 feet. The applicant’s lot depth will be 144 feet with the expansion of Mountain View Corridor. Both special circumstances do not generally apply to other properties in the zoning district. If the Mountain View Corridor expansion were not taking place, this variance would not be required. 3. Many of the neighboring properties within the same zoning district already have setbacks smaller than the parcel in question is applying for. The property immediately to the east, which is the only lot in the neighborhood with a shorter lot depth than the applicant, is able to mitigate potential hardship due to only having a current setback of 15’ (which will be further reduced with the road expansion). 15’ is a common existing setback enjoyed by other properties along 3500 South in this area. The requested variance would still provide a setback close to 5’ more than the neighboring lots. 4. The intent of the setback will be maintained. Granting the variance will not be contrary to the public interest. We will not utilize the variance along the entire frontage of the property, only at a choke point that is essential for fueling trucks to successfully navigate the site, without the requested variance the trucks would not be able to safely navigate the site. 5. We understand that in granting the variance the Board may impose additional requirements on the applicant that will serve the same or similar purpose of the requirement that is waived and are open to requirements increasing the planting density of landscaping on the site such as additional shrubbery and trees in the setback area. This will serve the purpose of improvement green space in the setback. This parcel is the final property right before the access to Mountain View Corridor. Josh Pettersson asked how secure the purchase of the property is. Logan Johnson said the purchase is under contract and is coming to a close. Taking into account the uniqueness of this property in conjunction with the Mountain View Corridor project that is not linear, but curved, Scott Spendlove feels granting this variance will be safer. Granting the variance will also be consistent with the other businesses in the surrounding area. Motion: Scott Spendlove moved to approve B-4-2019, granting a 5’ variance to the setback. The applicant will work with City Staff to make sure they are content with the landscaping Board of Adjustment July 3, 2019 Page 6 on the property. A roll call vote was taken: Josh Pettersson Yes Angela McConkey Yes Scott Spendlove Yes William Whetstone Yes Necia Christensen Yes Unanimous - B-4-2019 – Approved Approval of the July 3, 2019 Board of Adjustment Meeting minutes. Approved There being no further business, the meeting adjourned at 6:36 p.m. Brenda Turnblom, Administrative Assistant