Board of Adjustment Variance Staff Report Hearing Date ...

Board of Adjustment Variance Staff Report

Hearing Date: July 17, 2014

ITEM 1 Tyler Wilson requests approval of a variance to Provo City Code 14.10.060, Yard Requirements, to reduce the required number of parking spaces from 3 to 2 and to reduce the number of required covered parking spaces from 1 to 0 in order to legalize the conversion of the existing garage at the property located at 857 North 700 West in the R1.6(A) (One-Family Residential with Accessory Apartment Overlay) Zone. North Park Neighborhood 14-0003VB, Carrie Walls, 801-852-6406. Continued from the June 19, 2014 Board of Adjustment meeting.

Applicant: Tyler Wilson Staff Coordinator: Carrie Walls Property Owner: Tyler and Justein Wilson Parcel ID#: 51:021:0053 Acreage: 0.14 Number of Properties: 1

Number of Lots: 1 ALTERNATIVE ACTIONS 2. Continue to a future date to obtain additional information or to further consider information presented. The next available meeting date is August 21, 2014, 5:00 P.M. 3. Deny the requested variance. This action would not be consistent with the recommendations of the Staff Report. The Board of Adjustment should state new findings.

Current Legal Use: The property is recognized as a one-family dwelling Relevant History: The variance request is predicated on a zoning enforcement citation for the conversion of the existing one-car garage to living space. Neighborhood Issues: Neighborhood Chair Jim Petterson is in support of the requested variance. Several other neighbors have voiced their support of the variance as well. Summary of Key Issues:

The conversion of the one-car garage to living space created a violation of the zoning ordinance.

The property owners are requesting a variance to allow them to legalize the garage conversion.

The size of the lot, the size of the home and the location of the home on the lot present several challenges in providing the required number of parking spaces and the required number of covered parking spaces.

Staff Recommendation: 1. Approve the requested variance. This action would be consistent with the recommendations of the Staff Report. Recommended Language: Approve a variance to Section 14.37.060 to

(a) reduce the required number of parking spaces for a one-family residence from 3 to 2 and

(b) to reduce the required number of covered parking spaces from 1 to 0 and

(c) to Section 14.10.130 to allow 2 parking spaces in the front setback, where the driveway does not lead to covered parking, where 0 are allowed.

Board of Adjustment Staff Report Item 1 July 17, 2014 Page 2

OVERVIEW

The applicants purchased this one-family home about five years ago. At the time of purchase, a

portion of the garage had been converted into a beauty salon according to the applicants.

During their ownership, they completed the conversion of the garage/beauty shop into a

bedroom. However, neither the previous owner nor the current owner (the applicants) obtained

a building permit for the work. The conversion of the garage creates a violation of Section

14.37.060, Parking Spaces Required, which states that one-family residential in the R1.6 zone

is required to provide three parking spaces with one space being covered and Section

14.37.080(c)(i), which states “tandem parking spaces for a one-family dwelling…may be located

on a driveway in a required front yard, provided such driveway leads to the minimum number of

required covered off-street parking spaces which are located behind any required front setback”.

The applicants have opted to request variances to reduce the number of required parking

spaces from 3 to 2 and to reduce the number of required covered parking spaces from 1 to 0.

This will essentially allow the property to remain as it has been used for approximately the last

10 years.

FINDINGS OF FACT

1. Utah County records show that the home was built in 1951. It is an approximately 1,064

square feet ranch style home with no basement. (Attachment 1)

2. The lot is .14 of an acre or 6,098 square feet.

3. There are no building permit records for the property located in the Community

Development Department’s office.

4. The home was built with a one-car garage. (Attachment 2)

5. The existing driveway measures 17 feet, 5 inches wide by 35 feet 8 inches deep.

(Attachment 3)

6. Current requirements for parking in the R1.6(A) zone are 3 parking spaces with one of

the spaces being covered. Vehicles may not be parked on a driveway in the front yard

setback unless the driveway leads to covered parking.

7. In the R1 zone, the required front yard setback is a minimum of 20 feet.

8. Section 14.37.100, Provo City Code, requires that open parking spaces measure 8.5

feet wide by 18 feet deep. This section also requires a one-car carport or garage to

have interior dimensions of 12 feet wide by 20 feet deep and a two-car carport or garage

to measure 20 feet wide by 20 feet deep.

9. According to the applicants’ statement, the previous owner had converted a portion of

the garage into a beauty salon. (Attachment 4)

10. The applicants completed the conversion of the garage changing it from a beauty salon

into a bedroom.

Board of Adjustment Staff Report Item 1 July 17, 2014 Page 3

11. There is parking for two cars on the driveway in front of the converted garage. Neither

space is covered. However, the existing parking is in violation of the Provo City

Ordinance.

12. The applicants have two options to bring the home into compliance:

a. Return the garage to its original state.

b. Obtain a variance to the required three parking spaces with one of those spaces

being covered because the size of the lot and the location of the home on the lot

present challenges that preclude complete compliance to the ordinance.

13. The applicants originally planned to construct a new one-car carport at the front of the

existing garage. The new carport would have encroached into the front yard setback by

4 feet 4 inches and would have reduced the required front yard setback to 15 feet 8

inches. This option would have required a variance for a reduced front yard setback.

14. In the June 19, 2014 Staff Report, staff proposed variances to reduce the number of

parking spaces from 3 to 2 with 1 space being covered, to reduce the required depth of

the carport from 20 feet to 18 feet, and to reduce the front yard setback from the

required 20 feet to 17 feet, 8 inches.

15. However, at the June 19, 2014 Board of Adjustment meeting, staff proposed an

alternative variance of reducing the number of required parking spaces from 3 to 2, to

reduce the number of required covered parking spaces from 1 to 0. At the time the

home was built there were no requirements for on-site parking and the home has been

utilized without benefit of covered parking for at least 10 years.

16. The applicant would also need a variance to Section 14.10.130(3) which states, “Except

for tandem parking on a driveway as provided in Section 14.37.080(1)(c)(i), Provo City

Code, no parking spaces shall be provided within thirty(30) feet of a front property line.”

The variance is proposed to allow 2 cars to park in the front yard setback when covered

parking is not provided where 0 are allowed.

17. The applicants have provided a statement in response to the criteria for the granting of a

variance, a site plan to reflect their proposal, a letter in support of a variance and a

petition from their neighbors in support of a variance. (Attachment 5 and 6)

STAFF ANALYSIS (staff’s responses are in bold type)

Section 14.05.030(9), Variances, paragraph (b) of the Provo Municipal Code states that the

Board of Adjustment may grant variances if the following criteria are met:

(i) Literal enforcement of this Title would cause an unreasonable hardship for the applicant

that is not necessary to carry out the general purpose of this Title;

The unreasonable hardship for this applicant is the size of the lot, the size of the

home and how the home is situated on the lot.

Board of Adjustment Staff Report Item 1 July 17, 2014 Page 4

At 1,064 square feet with two bedrooms/one bath, the home is small with not a lot of

area to grow into. The lot itself is smaller at 6,098 square feet (.14 acre) and the

home’s placement provides a only a 5 foot side yard setback on the south and a 6.5

foot side yard setback on the north. The side yards are not large enough to provide a

driveway to the rear yard where parking could be provided without the necessity of a

variance.

(ii) There are special circumstances attached to the property that do not generally apply to

other properties in the same district;

At the time that the homes in the neighborhood were constructed (early 1950’s), the

City’s ordinance did not require any off-street parking or covered parking. The

homes in this area are generally similar – smaller homes with one car garages; some

of which have been converted to living space. Some of the conversions have

building permits but some do not and are being enforced on as well.

Many of the other homes either have a larger side yard that allows passage to the rear

yard or are corner lots that would be suitable for a garage or carport if alternative

parking were required.

While the lot size and the home size may be similar to other properties in the district,

this property’s home is laid out in a way that the side yard setbacks are too small to

allow a vehicle to access the rear yard. The area in front of the converted garage is,

literally, the only available area to use for parking.

(iii) Granting the variance is essential to the enjoyment of a substantial property right

possessed by other property in the same district;

Provo City’s current ordinance requires three parking spaces, with one of those

parking spaces being covered in the R1.6(A) zone and that no parking spaces be

permitted in the front yard if the driveway does not lead to covered parking. Other

properties within the district have the original one-car garages or carports with the

standard parking on the driveway, have other areas in which to provide appropriate

parking or are in violation of the City’s ordinances. The applicants are attempting to

bring their property into compliance and still have their home livable for their growing

family.

(iv) The variance will not substantially affect the general plan and will not be contrary to the

public interest; and

Granting of the requested variance will not affect the General Plan as the intended

use of the property will remain as a one-family dwelling.

Board of Adjustment Staff Report Item 1 July 17, 2014 Page 5

The variance will not be contrary to the public interest as off-street parking is a

requirement of the code and benefits the neighborhood as a whole.

(v) The spirit of this Title is observed and substantial justice done.

Granting of the variance will be in keeping with the spirit of this title and allow

substantial justice to be done.

APPLICABLE ZONING CODES

14.10.130

14.37.060

CONCLUSIONS

This case is particularly difficult as the size of the lot; how the home is laid out on the lot and the

size of the home create problems for this applicant to meet the ordinance requirements.

With such a small home (1,064 square feet/2 bedrooms, 1 bath) it is understandable that a

growing family would be searching for some means to expand the living area of the home. The

applicants have stated that the garage was partially converted into a beauty salon when they

purchased the home and so they thought they were just remodeling what had already been

done to make it more useable for their family.

The location of the home on the lot creates difficulties because: First, the side yard setbacks at

5 feet and 6.5 feet do not allow for a vehicle to be able to drive through to the rear yard where

the applicants could construct the appropriate, required parking without the need for a variance.

Secondly, even their proposal to construct a carport at the front of the converted garage is a

challenge as the ordinance requires interior dimensions of 12 feet by 20 feet for a one-car

carport and 20 feet by 20 feet for a two-car carport, open parking spaces have a minimum

dimension of 8.5 feet wide by 18 feet deep, and their gas meter is located right at the point

where the corner of the carport will connect to the house.

In addition, at the time of construction, this home and others in the neighborhood were not

required to provide off-street parking or covered parking. The home has been utilized without

covered parking for at least 10 years without incident or complaint.

Staff recommends the Board approve the variances as outlined in the staff report.

JUDICIAL APPEAL OF BOARD OF ADJUSTMENT ACTION

Chapter 14.05 provides a process for appeal of a determination by the Board of Adjustment

(quoted in part):

Board of Adjustment Staff Report Item 1 July 17, 2014 Page 6

04.05.050. Judicial Appeal.

(i) Any person aggrieved by or affected by any decision of the Board of Adjustment

may have and maintain a plenary action for relief from the District Court of

competent jurisdiction, provided petition for such relief is presented to the court

within thirty (30) days after the filing of such decision in the office of the Board of

Adjustment or with the City Recorder.

ATTACHMENTS

1. Utah County Appraisal Sheet

2. Utah County Photo

3. Site Plan

4. Applicant’s Statement

5. Support Letter

6. Applicant’s Petition

7. Neighborhood Aerial View

8. Photos of Home

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Main Menu Comments or Concerns on Value/Appraisal Assessor`s Office Documents/Owner/Parcel info Recorder`s Office Address Change for Tax Notice This page was created on 6/4/2014 4:47:59 PM

PROPERTY INFORMATION

Parcel 510210053 Tax Year: 2015

Total Photos: 2

Address: 857 N 700 WEST PROVO 84604-3244

Owner: WILSON, JUSTEIN

WILSON, TYLER D

Account Type: RESIDENTIAL

Primary Use: SINGLE FAMILY RES

Land Size: 0.145347

Land Size Sq Ft. 6,331

IMPROVEMENT INFORMATION

Improvement Number: 1

Improvement Type: Ranch 1 Story

Sq Ft: 1064

Bsmt Sq Ft:

Bsmt Sq Ft Finished:

Year Built: 1951

Adj Year Built: 1951

Quality: Average

Condition: Average

Exterior: Frame Masonry Veneer

Interior: Drywall

Roof Type: Gable

Roof Cover: Composition Shingle

Foundation: 18 Concrete

Bedroom Count: 2

Full Bath: 1

3/4 Bath:

Half Bath:

Fireplace:

Page 1 of 1Property Appraisal Information

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