3.1. BA SRREQUEST FOR ACTION
To Item Number
Plannin Commission 3.1
Agenda Section
Plannin Items Meeting Date
March 11, 2008 Prepared by
Chris Leeseber ,Park Planner
Item Description
Thomas Bamford for Variance to the Maximum
uest b
Re Reviewed by
erem Barnhart, Plannin Mana er
y
q
Allowable Accessory Structure Standards in the R1a Zoning Reviewed by
District, Public Hearing -Case No. V OS-03
Action Requested
Staff recommends that the Board of Adjustments deny the Variance request, as illustrated on
drawings dated 1-28-2008, because:
1. Criteria #1 & #4 are not met for granting a variance, as the applicant is able to
construct accessory structures without the variance.
Background/Discussion
The plat of the subject property received a lot area variance from the City on July 26, 2005. The plat
created three 9.83-acre parcels. There was discussion at that time of creating the plat with two
conforming lots and one lot requiring a variance but ultimately three non-conforming lots were created.
The applicant was under the impression that the property was 10-acres in size when he purchased it. The
allowed sizes for accessory structures in the R1-a zoning district is as follows:
• 5-10 acres allows 4,000 square feet
• 10-20 acres allows 8,000 square feet
The applicant is requesting a variance to allow 6,000 square feet of accessory structures.
Attachments
Location Map
Applicant's Narrative
Site Plan(s)
Case File: V 08-03
Page 2
General Information
Thomas Bamford
Applicant Thomas Bamford
60 Day Rule The application has been deemed complete as of February 7,
2008. The City must take action by March 27, 2008
Requested Action Accessory Structure Size Variance
Size The subject property is 9.83-acres. A .17-acre variance was
granted.
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Residential Rural Residential Al
North Residential Rural Residential Al
South Residential Rural Residential Al
East Residential Rural Residential Al
West Residential Rural Residential Al
Overview
The applicant would like to build two accessory structures. One would be 36'x72' and the other
36'x46' for a total of 4,248 square feet. There is an existing attached garage which is approximately
1,800-square feet in size.
The total square footage would be approximately 6,048 square feet; roughly 2,000 square feet more
than allowed yet it would be roughly 2,000 square feet less than allowed if the lot size was 10-acres.
Had the parcels been plated with 2 conforming parcels and 1non-conforming parcel, this request
may not have been needed, but there is know way of knowing which lot would have been the non-
conforming lot. It is possible that the adjacent 9.83-acre parcels could apply for the same type of
variance.
Variance Criteria
7. Literal enforcement o~the ordinance will cause undue hardship.
The literal enforcement would not cause undue hardship, as the applicant can build accessory
structures.
S:\PLANNING MAIN\Case Files\Variance\V 08-03 Bamford\V 08-03_BA.doc
Case File: V 08-03
Page 3
Thomas Bamford
2. The hardshib is caused by sbecial conditions and circumstances which are~eculiar to the~ro~erty and the
structure involved and which are not characteristic o~ or aDt~licable to, other lands or structure in the same area.
The special conditions and circumstances peculiar to the property axe the lot sizes that were
created though the previous variance process. The ordinance establishes a well defined system
of size to lot ratios.
3. The .r~iecial conditions and circumstances are not a consequence of the petitioner's oavn action or inaction.
The conditions of the property are a result of the City approving a lot size variance, upon the
request by the original owner/developer just the aggregate size.
4. The literal a~~lication o the~irovisions o~this ordinance would derive the~etitioner o,{riQhts en~o~ed b oy ther
properties in the same district under the terms of this ordinance.
The literal application of the provisions of this ordinance would not deprive the petitioner of
rights enjoyed by other properties as the applicant can build accessory structures.
5. The variance will not be injurious to or adversely a~fect the health, safety or avel are of the residents o the city or
the neighborhood where the ~ro~erty is located and quill be in keeling with .r~irit and intent of the ordinance.
The variance would not be injurious to or adversely affect the health, safety or welfare of the
residents of the city.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Variance\V 08-03 Bamford\V 08-03_BA.doc
z
0
~ z
o
~
cn
w
x Q
~ ~
~ ~ z >-- w ~
z
--~
~
~ U ~- O
U_
~
~
N X ~ ~
(/) ~
229TH 3s 3i
1 6 + + + +
++++ ~P~~
~Q-
~`
~~0~ ~
- - ------------
228TH
N
~ 227th AVE ~
227TH ~
226TH
,- I _. _
_ ,I
SITE `
~
~.,
,
,
,~~
JT
O
225TH
224TH ~
-~a
o~
L
~~
F
223rd AVE
223RD ~a
~~~
N~y
2 2 2ND. oi~c
_
~, --- -
Private Drives
-
-
Location Map
~~, of N
E -~.
R1Ver Case Number: V08-03 Tom Bamford
We purchased what we thought was a ten acre lot with the intention of building a house, a
horse barn and a pole barn for storage and a work shop for personal use. I was informed
by the city that I could build these two barns. When I applied for the building permit for
the two pole barns I was told that the lot is only 9.83 acres and the barns were too big for
the lot. The developer had been approved for a variance to make the three lots smaller
than 10 acres. The zoning in this area requires a 10 acre minimum lot size. We have
already purchased the barns and are building the house. I am asking that since there is a
10 acre minimum and a variance has already been granted then the lot should be treated
as 10 acres and then the barns _would meet the zoning requirements. I only want to use the
__
proposed buildings for personal use -only. If we had known that we would not be able to
build these barns we would have looked for a lot that would allow us to build the barns.
The application states that five criteria need to be met for a variance to be approved
and I believe they were met as follows,
1- The hardship is that we are spending hundreds of thousands of dollars on a
property that will not be what we had planned.
2- This is caused by the lot being smaller than the minimum requirement for the azea
by .17 tenths of an acre but a variance was approved for the lot size and the lot
should be treated as the minimum size of 10 acres
3- This is not caused by an action on my part
4- By not having a lot the size of the minimum we are not able to build our barns as
others in the zoning would be able to because the minimum lot size would be
large enough to build the barns
5- The variance will not harm anyone and will in fact help by having my personal
property in a barn instead of in the yard
All I am asking is that the lot be treated as a ten acre lot for the purpose of building
two pole barns. One is 36'x 72' and the horse barn is 36' x 46' .
~,~~~ ~~~~~v~~
04: 09PM
- 491.87 N00°00'13"E - I
- -r
I ~
i
~_
~~
~~
~~
~~
(~
oD
~o
\~
a~ ~1
~m f'
~~
•o
S
aD
uL
r
0
N
,~~~ ~~
~°
ti~a ~ i
.ice ~--1
,'_~63e7W I ___\
/ `5 I
.1 ~ I
_ ~~~ ~ DELINEATED '
WETLAND PER PLAT-__
l / pa/
1 pr$ ~ I
O
_____
'~
r~~~w , ~ ~~
'~~- ~- 3.fi0.SY.LO~~.
~ ~ S _ ~E . ~
I l6.Dp 606'J
'
•
~
I o p _ °
6
~~
I7
W
SIS~.JJ' ~ 84)3 I u O
i
x- ~~ x~
I
\3 DD
I ~' x
y~ * 1 \~
~
~\M9~ I m
C ~ (948.7)
e m
~
S
~ I
`
01 f
II {° .
{' 946.1
0 N ~)'^
113.83 ~
~
DECK
~
~ _ - _____ _
- _ _ ~
_
,~~ x
_ yy
i
______--_ \ (048.7) P~.~B.D ~ J
J °i __
___ ~~)
,
, ,,
, J
I
~
Y m ~ PR~QS j~8. /9te 7~
u
xqu i. P4e
~\ R w1 ~
,~1'
~j
``~~ I
~ p~L
~ I
s _
o
.. o
..` ~,
o ....
IY3.B] ~i"'1(.7' '°
1O
i
Be~II y ~° az to
~
S
nI
I fn
.D N / ~i
(3 u (9SS.R) I~~ y
~Q~
e ~ I I
~~$ x~ _ p ~ ~ I~ \~~ II~
\ i
~1
~,
:}- 7 -NOp'15Y8'W, o~ x~
847.0 ~~0.00 -
1.00 NDO'15Y8
W
, g4 0~~
~ ~, -'!___• `~ J~II
i ~ _= ~'/ ' \
"\~\///
~
x I
~
Il
I ;
~~~`~ :.;:."~~.~' ~
~rrr~~~?
~ I to `~f~i
i I
L
o
I~~~a;:~:
~
~' J _
1 1g8 Z=-rte ~
~ 3.GS~l4SDS OS'96 ~
' _
~ S
~I S
I
e
;
n
~ax ~
=41::::::x: ~9:%;.: ex~ o
~~ m
f 1 ;I
m
n
m l~
1
~~ 1
R~ I
S~ s I
/ 600'ISYB'E ___
I
1
pRAt A
`~Eq~, !VT 717ApD UTn
P \
\O~
~~ ~ ~ I
{
^ ~ I
.
y 'II
o{ c ~ s. v ° ? N u 3 os ~ ~ N LL' ~ s
4j •~ H.
P~.~.N~~~ ~u°PnR$~4~'
~ S~~ o o n _ awe m o o >;
.coo cN $'° ui$? n o~
o~O ~! $31°x_ .. ~'~e°~_.
m ~" o, ~ rv l cl T N `~ ~. ~~ ..
R'E( s °~ ~ n zo R °.
yno m H ~ °~u, x1° ~m
(0 5 o aTm n Z
a
~ -'~ ~ IoiD~o®
~I1( ~~._1 low
ovvvvoo
»»
O O Cl O nnnrvnnn
4 3 " " Na»~Nw°
u 'o 'o
u ~ ~ ~~°1<°onu
v°va~..~
° °< ~° ~ 'N °w'ao't3
3 I,} ~ c°°no~n
$ @ ~3
~° T y i c°Qp ~
X3.;'3
-. °n o ~
V
c
L