STAFF REPORT #15-6000-0001 VARIANCE PLANNING COMMISSION MEETING DATE: May 21, 2015 1. APPLICATION: An application submitted by requesting a variance to allow for a front yard setback reduction to twenty eight feet (28 ) to accommodate an existing single family residential structure built within a front yard setback and within a portion of Rio Drive in Adobe Heights. 2. LOCATION: Parcel 2 of Parcel Map of Parcel #4, Adobe Heights Phase III, D.L.L.P. filed in the Office of the Elko County Recorder as File No. 444720 3. BACKGROUND INFORMATION: Assessor s Parcel No. 005-51D-052 Owner(s) of Record: Previous Applications on Property: None Size of Property: 10.63 acers Access: Rio Drive Master Plan: Elko County General Plan Comments: Comments are attached or incorporated into this report 4. PROJECT IMPACTS: A. EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES, OR CIRCUMSTANCES OVER WHICH THE APPLICANT HAS NO CONTROL: Applicant has partially constructed a single family residential home which was improperly located upon his parcel. A construction survey had not been conducted nor was it required. Not only is the structure without a front yard setback, it is located partially within a portion of the Rio Drive Right-of-Way. Page 1 of 8
As the structure is framed and closed in, it would have to be demolished and removed at great expense to the applicant and loss of time for the applicant and future owner. A roadway abandonment with Application # 15-3000-0001 has been filed in conjunction with this variance application. This variance application is dependent upon the approval of Right-of Way Abandonment Application # 15-3000-0001 and the successful completion of the ten (10) day appeal period. (next Page) Page 2 of 8
Page 3 of 8
B. NECESSARY FOR THE PRESERVATION OF THE PROPERTY RIGHTS OF THE APPLICANT AS WEIGHED AGAINST OTHER PROPERTIES IN THE SAME ZONING DISTRICT OR VICINITY: The terms of Title 4-9-5 (Variances) may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. Variances are related to hardships pertaining to the property and not to a personal hardship or desire of the applicant. The strict application of the regulation sought to be modified would result in practical difficulties or hardships inconsistent with and not necessary for the attainment of the general purpose of this Title. There are exceptional circumstances applicable to the property at this time which do not generally apply to other properties in the same district. However, this application could have been adverted with a construction survey. Again, construction surveys are not required as a part of the construction application process. 5. CONSISTENCY WITH EXISTING ZONING: A. DETRIMENTAL TO THE PURPOSES OF THIS ORDINANCE, OR TO PROPERTY IN THE ZONE OR VICINITY IN WHICH THE PROPERTY IS LOCATED: The result of this variance reducing the front yard setback to twenty eight feet (28 ) would not be detrimental to the public welfare, or injurious to the adjacent property or other properties in the vicinity. The proposed front yard setback lies adjacent to an unimproved portion of Rio Drive which provides access to public lands administered by BLM only. Rio Drive terminates at the north boundary of the applicants property. The neighboring parcel adjacent to the east of this portion of Rio drive is agreeable to the proposed setback. Page 4 of 8
B. THE REQUEST IS THE MINIMAL VARIANCE WHICH WOULD ALLEVIATE THE HARDSHIP: A survey has been completed and the request is the minimal request to correct the front yard setback. 6. STAFF COMMENTS: E. Prior to the completion of this report comments may or may not have been received from the following agencies listed below. Those received will be incorporated or attached to this report. Elko County Sheriff s Office Elko County Building & Safety Elko County Public Works Elko County Fire District Elko County Manager Office Adobe Heights Home Owners Assoc. Frontier Communications NV Energy F. In accordance with NRS Chapter 278 the 30 closest property owners were notified at least 10 days prior to this public hearing. The list is available upon request. 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval of this variance request within Application with No. 15-6000-0001 for, LLC with the conditions and restrictions A, B and C as listed within Staff Report No. 15-6000-0001. A. The Variance is subject to restrictions and conditions as outlined in Elko County Code 4-9-5. B. This variance request within Application with No. 15-6000-0001 for Braemar Construction, LLC is contingent upon the approval of the Right-of-Way abandonment by the Elko County Commission. Page 5 of 8
C. This variance request within Application with No. 15-6000-0001 for Braemar Construction, LLC is contingent upon the following: 1. Within six (6) months of approval by the Elko County Board of Commissioners, the applicant shall have a land survey conducted including the preparation of a Record of Survey and Legal Description prepared by a professional Land Surveyor licensed in the State of Nevada at the applicant s expense. Said Record of Survey and Legal Description/s are to be delivered to the Elko County Planning & Zoning Division for review and presentation to the Elko County District Attorney for final deed draft. 2. Filing of the final deed draft. Basis for recommendation: The variance request is the minimum request to correct the setback discrepancy. The variance request has been reviewed by the neighbor to the east without opposition. A denial of the variance request would create a monetary hardship on the applicant and a loss of time to the prospected buyer and applicant. Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Elko County Planning and Zoning Division Page 6 of 8
4-9-5: VARIANCES: Upon application in proper form, the terms of this Title may be modified, and such variances granted as will not be contrary to its general intent or the public interest, where due to special conditions or exceptional characteristics of the property or its location or surroundings, a literal enforcement would result in practical difficulties or unnecessary hardships. Variances are related to hardships pertaining to the property and not to a personal hardship or desire of the applicant. (A) Procedure: The Planning Commission shall receive, consider and take action upon every application which is concurrent with an application for a conditional use on the same property, and upon all other variances where a public hearing is required. The Commission shall also take action upon any minor variance brought before it on appeal from a decision of the Building Inspector. (B) Findings Required: A variance shall be granted in whole or in part only upon affirmative findings as hereinafter set forth, and otherwise it shall be denied. The following findings are required: 1. That there are exceptional circumstances applicable to the property involved, or to the intended use, which do not generally apply to other property in the same district; 2. That the result would not be detrimental to the public welfare, or injurious to property in the vicinity; 3. That the strict application of the regulation sought to be modified would result in practical difficulties or hardships inconsistent with and not necessary for the attainment of the general purpose of this Title. (C) Conditions Of Variance: In granting any variance, the character and extent thereof shall be specified and the variance shall be made subject to such written conditions as may be necessary to secure the intent of the grant. A variance may be made valid only for a specified term. Once any portion of a variance is utilized, all of its conditions and limitations shall be operative, and the violation of any shall constitute a violation of this Title. Page 7 of 8
(D) Effective Date Of Variance: The order granting or denying a variance shall become effective ten (10) days after the date of the order unless a written notice of appeal is filed within such period of ten (10) days. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996) (E) Submission Of Application: A completed application for a variance must be submitted to the Department of Planning and Public Works at least thirty (30) days prior to the Planning Commission meeting at which the application is scheduled to be heard. (F) Action By Planning Commission: A public hearing before the Planning Commission shall be held upon every application for a variance. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996) Page 8 of 8