Board of Adjustment Variance Staff Report Hearing Date: June 19, 2014

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1 Board of Adjustment Variance Staff Report Hearing Date: June 19, 2014 ITEM 2 Tyler Wilson requests approval of a variance to Provo City Code , Yard Requirements, to reduce the required front yard setback from 20 feet to 15 feet 8 inches in order to construct a carport addition 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 VB Applicant: Tyler Wilson Staff Coordinator: Carrie Walls Property Owner: Tyler 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 July 17, :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 by a zoning enforcement citation for the enclosure of the existing one-car garage. Neighborhood Issues: There are no known neighborhood issues. 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 the front yard setback in order to construct a new carport to provide the required covered parking to enable them to retain (and permit) the garage conversion. The size of the home, the size of the lot and the location of the home on the lot present several challenges in providing the required parking. Staff Recommendation: 1. Approve the staff s recommended variances. This action would be consistent with the recommendations of the Staff Report. Suggested Language: Recommend approval of: 1. A variance to Section to reduce the number of required parking spaces for a onefamily dwelling from 3 spaces to 2 spaces.

2 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 2 2. A variance to Section (2) to reduce the required interior depth of a one-car carport from 20 feet to 18 feet. 3. A variance to Section to reduce the required front yard setback from 20 feet to 17 feet, 8 inches. 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 , 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 (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 a variance to construct a new carport in front of the existing converted garage in order to bring the property back into compliance. FINDINGS OF FACT 1. Utah County records show that the home was built in 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)

3 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 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 , 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. 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. Provide the required three parking spaces with one of those spaces being covered. 13. The applicants plan to construct a new one-car carport at the front of the existing garage. However, the new carport will encroach into the front yard setback by 4 feet 4 inches. This would reduce the required front yard setback to 15 feet 8 inches. 14. 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) 1. Section (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;

4 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 4 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. 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; 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. 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.

5 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 5 (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. 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 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

6 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 6 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 twocar 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. Staff concludes that a variance should be granted; however, not the variance that is being requested. The recommended variances are listed below. STAFF RECOMMENDATION Staff recommends the following variances with justification shown in bold type: 1. A variance to the number of parking spaces required for a one-family dwelling from 3 to 2. (Section ) The home was built in 1951 when there were no requirements for parking in the City s ordinance. The home was built with a one-car garage which would have provided two legal parking spaces; one in the garage and one on the driveway. The reduction from 3 to 2 required parking spaces will be maintaining that standard. 2. A variance to the depth requirement for the interior of a one-car carport from 20 feet to 18 feet. (Section (2)) Provo City s open parking space dimensions are required to be 8.5 feet wide by 18 feet deep while a one-car carport is required to be 12 feet wide by 20 feet deep. Eighteen feet is sufficient to provide coverage on most vehicles and would be suitable in this particular situation. The reduction of the depth would also mean that a lesser front yard setback variance would be required. 3. A variance to the front yard setback from the required 20 feet to 17 feet, 8 inches; a difference of 2 feet, 4 inches. (14.080(1)) This small variance will allow the proposed carport to encroach into the front yard setback but still provide enough space to park a second vehicle on the driveway without overhanging the public sidewalk.

7 Board of Adjustment Staff Report Item 2 June 19, 2014 Page 7 Staff further recommends that the applicants be given 30 days to obtain a building permit for the construction of the new 12 foot wide by 18 feet deep carport and to legalize the conversion of the existing garage into a bedroom. JUDICIAL APPEAL OF BOARD OF ADJUSTMENT ACTION Chapter provides a process for appeal of a determination by the Board of Adjustment (quoted in part): 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. Applicants Statement 5. Support Letter 6. Applicants Petition 7. Neighborhood Aerial View 8. Photos of Home

8 Property Appraisal Information Page 1 of 1 6/4/2014 PROPERTY INFORMATION Parcel Tax Year: 2015 Address: 857 N 700 WEST PROVO Owner: WILSON, JUSTEIN WILSON, TYLER D Account Type: Primary Use: RESIDENTIAL SINGLE FAMILY RES Land Size: Land Size Sq Ft. 6,331 Total Photos: 2 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: Condition: Exterior: Interior: Roof Type: Roof Cover: Foundation: Average Average Frame Masonry Veneer Drywall Gable Composition Shingle 18 Concrete Bedroom Count: 2 Full Bath: 1 3/4 Bath: Half Bath: Fireplace: If you would like to comment on an appraisal issue or call an Item to our attention, you may click here and do so. 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

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16 Board of Adjustment June 19, 2014 Item 2 Attachment 8