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Staff Summary Report Hearing Officer Hearing Date: February 5, 2008 Agenda Item Number: 5 SUBJECT: This is a public hearing for a request by the MCCURDY RESIDENCE (PL070553) located at 1709
South La Rosa Drive for one (1) variance.
DOCUMENT NAME: 20080205dssd02 PLANNNED DEVELOPMENT (0406) SUPPORTING DOCS: Yes COMMENTS: Hold a public hearing for a request by the MCCURDY RESIDENCE (PL070553) (Brad
McCurdy, applicant/property owner) located at 1709 South La Rosa Drive in the R1-6, Single Family Residential District for:
VAR07032 Variance to reduce the rear yard setback from fifteen (15) feet to five (5) feet.
PREPARED BY: Shawn Daffara, Planner II (480-858-2284) REVIEWED BY: Steve Abrahamson, Planning & Zoning Coordinator (480-350-8359) LEGAL REVIEW BY: N/A FISCAL NOTE: N/A RECOMMENDATION: Staff – Approval subject to the conditions 1-3 ADDITIONAL INFO: The McCurdy Residence is requesting a variance to reduce the east rear yard setback from fifteen (15)
feet to five (5) feet for a building addition. The new building addition consists of a new garage. Staff recommends approval of the variance owing to proof of hardship, special circumstances or evidence indicating potential loss of substantial property rights. In accordance with the Zoning and Development Code, the applicant held a neighborhood meeting on January 19, 2008; nine (9) neighbors attended the meeting and the property owner claims he has received ten (10) letters of support that he will present at the hearing.
Broadway Rd
Rura
l Rd.
MCCURDY RESIDENCE PL070553 Page 1 February 5, 2008 Hearing Officer
PAGES: 1. List of Attachments 2. Comments; 3. Reason for Approval; Conditions of Approval; History & Facts/Description;
Zoning & Development Code Reference
ATTACHMENTS: 1. Location Map(s) 2. Aerial Photo(s) 3. Letter of Intent 4. Neighborhood Meeting Letter 5-6. Copy of Quick Claim Deed to purchase part of Alley dated April 3, 2007 7. Site plan 8. Garage Floor Plan 9-12. Elevation(s) 13-15. Applicants Photograph(s)
16-17. Staff Photograph(s)
MCCURDY RESIDENCE PL070553 Page 2 February 5, 2008 Hearing Officer
COMMENTS: The McCurdy Residence is requesting a variance to reduce the east rear yard setback from fifteen (15) feet to five (5) feet for a building addition. The new building addition consists of a new garage. The McCurdy Family is asking for the new 468 s.f. garage so they can enclose the existing garage into a new master bedroom while keeping the required parking spaces. Should the new garage addition be approved, they could apply for a building permit to enclose the carport to additional living space. The reason the homeowner is asking for the variance is due to the sixteen (16) foot wide easement on the north side of the property. Therefore, the garage must be located adjacent to the easement to utilize the alley corner for maneuvering. If the garage were located to the south, the maneuvering from the alley to the garage would become less than the required 23’. The owner believes the easement creates a hardship, in which that portion yard is non-buildable, adjacent to the alley where maneuvering to the garage is acceptable.
Staff recommends approval of the variance owing to proof of hardship, special circumstances or evidence indicating potential loss of substantial property rights. If the garage was detached the owner could locate the garage fifteen (15) feet the center of the alley; which would be seven (7) from the rear property line and with a use permit standard reduce the setback to twelve (12) feet; which would be four (4) feet from rear property line. The Zoning and Development Code does not allow a building addition to measure the setback from the midpoint of the alley. By comparison the owner is requesting a five (5) foot setback, but ordinance could allow a rear setback to four (4) feet. A one (1) foot difference has been supported in similar home additions.
In accordance with the Zoning and Development Code, the applicant held a neighborhood meeting on January 19, 2008. Nine (9) neighbors attended the meeting and the property owner claims he has received ten (10) letters of support that he will present at the hearing. Variance The Zoning and Development Code requires a variance to reduce the rear yard setback from fifteen (15) feet to five (5) feet in the R1-6, Single Family Residential District
Evaluating the variance, the proposal does not appear to meet the criteria for approving the variance: a. There are special circumstances or conditions applying to the land, building, or use referred to in the
application; The applicant has indicated that the special circumstance is the sixteen (16) foot wide easement on
north property line. There may be evidence of special circumstance keeping with the land, building or use.
b. That authorizing the variance is necessary for the preservation and enjoyment of substantial property rights; A reduction of the required rear yard setback from fifteen (15) feet to five (5) feet for a building addition
is not necessary for enjoyment of substantial property rights. The addition to the home might be able to reconfigured.
c. A variance may not be granted if the special circumstances applicable to the property are self-imposed by the property owner. The owner has requested the variance due to the easement in relationship to the alley maneuvering
area. The easement therefore, is not a self-imposed condition. Conclusion Staff recommends approval of the variance.
MCCURDY RESIDENCE PL070553 Page 3 February 5, 2008 Hearing Officer
REASON(S) FOR
APPROVAL: 1. There appears to be special circumstances or conditions applying to the land, building or use exist.
2. The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights.
3. Authorization of the variance(s) will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general. The applicant has received ten (10) letters of support.
SHOULD THE HEARING OFFICER ELECT TO TAKE AFFIRMATIVE ACTION ON THE REQUEST, THE FOLLOWING CONDITIONS OF APPROVAL SHOULD APPLY.
CONDITION(S) OF APPROVAL: 1. Obtain all necessary clearances from the Building Safety Division.
2. The addition shall match the existing residence in color, form and material. 3. The east elevation of the garage shall have address numbers installed. Address Numbers to contrast
with the garage color. HISTORY & FACTS: None Pertinent to the request DESCRIPTION: Owner – Brad McCurdy Applicant – Brad McCurdy Existing Zoning – R1-6, Single Family Residential District Lot Area – 8,845 s.f. / .20 acres Main Residence Area – 1,738 s.f. New Garage Area – 468 s.f. Required Rear Yard setback: 15’-0” Proposed Rear Yard setback: 5’-0” ZONING AND DEVELOPMENT
CODE REFERENCE: Part 4, Chapter 2, Section 4-202.
Part 6, Chapter 3, Section 6-309
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ATTACHMENT 2
McCurdy 1709 SLa Rosa Drive Tempe, AZ85281
APN 133-12-084A S.E. 22 N.4
December 24, 2007
Dear Hearing Officer and Board of adjustment,
We need to add a garage at our place.
We are requesting a rear lot set back limit reduced from 15 feet to 5 feet. This garage addition will be built in conjunction wi another project to convert our existing garage into a master suite.
This variance is a make or break situation, if we can't build this garage in order to add a master suite we will be forced to sell a home that my Grandfather built in 1955. We do not want to move but we now need a new bedroom at our 2 bedroom house due to the recent birth of our second son. As the records state a 240 square foot parcel of Alley Right of Way land was Quit Claimed, at considerable cost from the City of Tempe to our Parcel in order to address previous issues regarding set backs. This project has been long in the making and planning process. We are now ready to move forward on the build.
These projects are planned to match the style and vintage of original construction, block walls and conventional trusses, add modern double pane windows and perhaps some "glass block" panels adjacent to the existing easement.
Another issue to consider in this matter is the restriction of 23 feet minimum from garage door to the fence on the far side of the alley. This plan has 16 feet of alley add 5 feet of set back to make 21 feet. These measurements do not take into account the 15 foot "cut back" across the alley nor the fact that the alley continues in an East West alignment which makes for a nearly straight shot in and out. Believe it or not, a childhood memory is of my Grandfather keeping his boat in this same location. Backing that trailer in without trouble and he only had one eye.
This variance is a reasonable request. Please consider allowing us to move forward with our plan.
Sincerely Brad and Gigi McCurdy
ATTACHMENT 3
McCurdy 1709 SLa Rosa Drive Tempe, AZ 85281
December 22, 2007
Dear Neighbor,
We would like to invite you to a Neighborhood Meeting at our residence. January 1st 2008 @ 12 Noon. In order for us to apply for a variance from the city regarding an addition we would like to have done to our home, we are required to have a neighborhood meeting so you can come over and see what the plan is and review the project site. We are requesting a variance of the 15 foot rear of lot, bUilding set. We will be submitting an application to the City of Tempe for said Variance.
In Order to construct an attached garage 26 feet in length plans require the structure to be within 5 feet of the rear lot line (alley right of way). Without this variance the garage could only be 16 feet deep/long. This length would be far too short for most vehicles on the road today. We have tried to make other configurations of this plan but, this is the best fit for our family at this time.
Sincerely,
The McCurdys Brad, Gig; and Sons
Post Script Update 12 26 2007; a second meeting has been added to the agenda Saturday January 19th 2008 at 10:00 A.M. At the same location.
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ATTACHMENT 4
Jnofficial Document
Recorded at the request ofCITY OF TEMPE 20t
When recorded, return to:
City ofTempe Basket AFFIDAVIr AND FEE EXEMPT
PURSUANT TO ARS SECTION 11-1 134.A-3. SE22N4 1709 South La Rosa Dr. 133-12"()84 Ordinance No. 2007.12
QUIT-CLAIM DEED
Far valuable considerations, I or we,
CITY OF TEMPE, a municipal corporation
Hereby called grantor(s), hereby convey to BRADFORD ALLEN MCCURDY and GEORGIA AIDA MCCURDY, husband and wife, all right, title, or interest in the following real property situated in Maricopa County, Arizona:
SEE EXHlBITS "AOJ AND "A-I" ATIACHED HERETO AND BY REFERENCE INCORPORATED HEREIN
This Quit-Claim Deed is granted pursuant to the authority provided by Ordinance 2007.12 which was introduced to the Tempe City Council on February 1, 2007.
There is hereby reserved to the benefit ofthe City ofTempe and others, as an exception to this Quit-Claim Deed, a Public Utility Easement over a portion ofthe property conveyed as shown in the attached Exlnbit "A-I".
Dated this 3rd ..... lday of-"'iAp~ri .... -..J' 2007
CITY OF TEMPE :~ STATE OF ARIZONA)
)ss County ofMaricopa )
The foregoing instrument was acknowledged before me this (Date) April 3, 2007 by Mayor Hugh Hal] man
My commission Expires: R/Q)O I,~
8 OFFICIAL SEAl.
KAREN M. FILLMORE NOTARY PUBLIC - State of Artzona
MARICOPA COUNTY My Comm. EJIpIm Aug. 20, 2008
ATTACHMENT 5
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ATTACHMENT 16
MCCURDY RESIDENCE
1709 S LA ROSA DR
PL070553
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