NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING JUNE 14, 2017 Staff Report Agenda Item No. 11 CASE DESCRIPTION(S): LOCATION: APN NUMBER(S): 039-585-14 For Possible Action WV-2017-000047: Public hearing, discussion, deliberation and possible action on Wavier requests from NCC 17.04.200 (Residential Districts) Minimum Required Building Separation of 10-feet, where; a. 2-feet separation has been provided between the carport and the SFR, b. 5-foot is proposed between the garage and the SFR, and 17.04.250 (VR-8) Minimum Building Setbacks 10-foot side yard setback is required for accessory buildings where 5-feet is proposed. 310 E. Comstock Street LEGAL DESCRIPTION(S): Calvada Valley Unit 7, Block 7, Lot 41 PROPERTY OWNER(S)/APPLICANT: AGENT(S): Heinz Kutsch None. STAFF CONTACT: Cheryl Beeman, AICP, Principal Planner (775) 751-4249 PROJECT SYNOPSIS: The property owner purchased the 8, 625 square foot property developed with an SFR and carport. The owner would like to build a 16 X 20 garage in the side and rear area of the lot on an existing concrete pad. The new garage may be constructed as a stand-alone structure or be attached. If attached, would eliminate the need for a waiver. A Zoning Review (ZR) Application was reviewed and approved by the Planning Office May, 2007, the site plan submitted with the ZR application indicates the home situated 15-feet from the western property line and clearly shows a 10 X 20 carport located within the side yard, 3-feet to the property line, and 2-feet from the residence. Although the NCC that the original development was approved under has been revised, the minimum separation between buildings located on the same parcel has not changed. The original ZR application was approved showing only a 2-ft. separation between the carport and the SFR. Current NCC provides two sections of the Zoning Ordinance that are applicable in this case; 17.04.200 (Residential Districts) this section calls out the required minimum separation between buildings located on the same property of ten-feet and, 17.04.250 (VR-8) minimum building setbacks requires a 10-foot side yard for accessory structures where 5-feet is being proposed. The planning commission has the authority to grant waivers and exceptions from the strict interpretation of this chapter under the conditions and criteria set forth (below, Planning Commission Findings). CONCLUSION Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of the request. Based on staff s findings, approval of this waiver will not result in damage or prejudice to other property owners, and will not be detrimental to public health, safety or general welfare.
Pahrump Regional Planning Commission Staff Report; WV-2017-000047 June 14, 2017 Page 2 of 4 RECOMMENDED MOTION(S): Move to APPROVE WV-2017-000047, based upon the findings and subject to the conditions of approval as outlined in the staff report (or move to deny WV-2017-000047, based upon alternate findings as established by the Pahrump Regional Planning Commission). NCC 17.04.915.J Planning Commission Findings: Unless the public hearing is continued to a future date, after closure of the public hearing the planning commission must evaluate the evidence presented and determine whether or not to grant the waiver or special exception. In granting a waiver or special exception, the planning commissioner must find that: 1. There are special circumstances or conditions applying to the subject property which makes compliance with the provisions of this Chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property. The subject parcel is trapezoidal in shape (wider at the street front, narrowing to the rear) and situated on a curve, however, it appears that if the garage were moved forward on the lot, it is possible that the waivers would be diminished if not completely eliminated. 2. The circumstances or conditions do not apply generally to other properties in the same land use district. The specific circumstances applying in this case do not appear to generally apply to other properties. Shape of the subject parcel affects the available buildable area of the lot. 3. The granting of the waiver or exception will substantiate justice to the applicant or owner(s) of the property. Granting of the Waiver provides the property owner the ability to keep the development on the property in the manner in which it was constructed and allow further property investment via construction of a garage on an existing concrete pad located to the rear of the property. 4. The granting of the waiver(s) would not result in material damage or prejudice to other properties in the vicinity, and the granting of the waiver would not be viewed to be detrimental to public health, safety, and general welfare. Granting the waiver will not result in material damage or prejudice to other properties in the vicinity, granting the waiver would not be viewed to be detrimental to public health, safety or welfare. 5. The granting of the waiver(s) would provide an opportunity for improved zoning and planning that would benefit the community. Unknown LAND USE MATRIX SITE NORTH SOUTH EAST WEST CURRENT ZONING VR-8 Village Residential VR-8 Village Residential VR-8 Village Residential VR-8 Village Residential VR-8 Village Residential MASTER PLAN DESIGNATION High Density Residential High Density Residential High Density Residential High Density Residential High Density Residential CURRENT LAND USE Manufactured home Undeveloped Site built Residence Site built Residence/Undeveloped Site built Residence/Undeveloped
Pahrump Regional Planning Commission Staff Report; WV-2017-000047 June 14, 2017 Page 3 of 4 DISCUSSION Background: The subject property is located within a residential subdivision that has partially developed since the subdivision was recorded in 1973. Area Characteristics: The subject property is located within flood zone X (shaded), which corresponds to an area of moderate flood hazard (between the 100-year and the 500-year flood) as indicated by the Flood Insurance Rate Map (FIRM). External Comments: Nye County Public Works comments: Public Works supports any facts, findings or conditions determined by the Pahrump Regional Planning Commission (PRPC) at this time, reserving the right to provide additional facts, findings and conditions upon the submission of the improvement plans for any commercial/industrial development of the property and/or complying with Nye County Code. ANALYSIS Application Details: There are two sections of the Zoning Ordinance that are applicable to the subject property; 17.04.200 (Residential Districts) this section calls out the minimum separation of buildings located on the same property (depicted on the site diagram as a. and b.) and 17.04.250 (VR-8) minimum building setbacks (depicted on the site diagram as c.). Under current NCC, construction of the proposed 16 X 20 (320 sq. ft.) garage on the existing concrete pad located to the rear of the property cannot take place without some type of relief. The plan submitted shows the garage meeting front & rear setback requirements, but not the side yard or building separation. Property owner may choose to attach the buildings eliminating the building separation issue. Per NCC 17.04.200 Carports may be allowed to encroach into side yards, provided that at least 2 sides of the carport remain open, no portion of the carport structure is closer than 3-feet to a side lot line and drainage from the roof of the structures shall be onto the property itself. The carport is open on three sides, roofline, and eaves are painted to match the residence, it appears that drainage from the roof of the carport can take place onto the property itself. 17.04.200: RESIDENTIAL DISTRICTS: A. General Provisions for Residential Districts: APPLICABLE NCC 3. Building Separation: All buildings located on a single parcel within a residential zoning district must be separated by a minimum of ten feet (10') unless a greater separation is required within a specific residential district. 15. Projections into Required Yards, Residential Districts: f. Carports may be allowed to encroach into required side yards, provided that two (2) sides of the carport remain open, that no portion of the carport structure is closer than three feet (3') to any side lot line, and all drainage from the roof of the structure shall be onto the property itself.
Pahrump Regional Planning Commission Staff Report; WV-2017-000047 June 14, 2017 Page 4 of 4 17.04.250: VR-8 VILLAGE RESIDENTIAL: MINIMUM BUILDING SETBACKS Use Front Side Rear Street Side Principal residential buildings 20 feet 1 10 feet/ 15 feet 10 feet 5 feet 2 Principal buildings for nonresidential uses 3 20 feet 15 feet 15 feet 20 feet Residential and nonresidential accessory 15 feet 1 / 10 feet 10 feet 15 feet buildings 20 feet Notes: 1. Front loading garages must be set back 20 feet. 2. Minimum separation between buildings on adjacent lots shall be 15 feet. 3. Principal buildings include institutional uses, quasi-public, churches, etc. WAIVER, HARDSHIP: A departure from the bulk regulations of the zoning ordinance that, if such requirements were applied to a specific lot, would significantly interfere with the use of the property. The planning commission must make findings before granting hardship waivers, and waiver conditions must be met. NCC 17.04.915: WAIVERS AND SPECIAL EXCEPTION PROCEDURES: B: Planning Commission Duties; Limitations of Actions: The planning commission shall hear and decide applications for waivers and exceptions from regulations and requirements of this chapter. All actions of the planning commission shall be limited to administrative actions only, and in order to ensure the intent and purpose of this chapter shall apply in special cases as herein defined. The planning commission shall have specific authority to grant waivers and exceptions; however, any action that has in effect changed the entire land use district of this chapter shall be deemed a violation of the planning commission's power and this chapter and be of no force and effect; however, the planning commission may recommend to the board of county commissioners that an amendment to this chapter be considered. Waivers require a simple majority vote of the RPC. CONCLUSIONS Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of the request based on the analysis contained within this report. Should the Planning Commission approve this waiver from NCC (17.04.200 & 17.04.250), the following CONDITIONS OF APPROVAL are suggested subject to the discretion of the Regional Planning Commission: CONDITIONS OF APPROVAL 1. The Waiver will expire within six (6) months unless an application for a building permit is issued, then the waiver shall expire or be extended along with building permit requirements (permit valid for 1-year and can be extended for an additional 180-days). Additional extensions of time require RPC approval and must be applied for prior to the date of expiration. 2. The carport shall remain open on 2-sides in accordance with NCC, and shall not be enclosed.
Whitman Av Valerie Av PRPC Hearing -- 14 June 2017 -- Item 8 WV-2017-000047 -- 310 E. Comstock St. -- APN 039-585-14 Heinz & Rebecca Kutsch -- Owner / Applicant Thunderpass Av Comstock St Ë Exhibit "A" -- Area Zoning Notified Properties 300 Foot Buffer VR-8; Village Residential MF; Multi Family Residential OS; Open Space DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.
Whitman Av Valerie Av PRPC Hearing -- 14 June 2017 -- Item 8 WV-2017-000047 -- 310 E. Comstock St. -- APN 039-585-14 Heinz & Rebecca Kutsch -- Owner / Applicant Thunderpass Av Comstock St Ë Exhibit "B" -- Master Plan Categories Notified Properties 300 Foot Buffer OPR DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.
Whitman Av Valerie Av PRPC Hearing -- 14 June 2017 -- Item 8 WV-2017-000047 -- 310 E. Comstock St. -- APN 039-585-14 Heinz & Rebecca Kutsch -- Owner / Applicant Thunderpass Av Comstock St Ë Exhibit "C" -- Aerial Perspective Notified Properties 300 Foot Buffer DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.
PRPC Hearing -- 14 June 2017 -- Item 8 WV-2017-000047 -- 310 E. Comstock St. -- APN 039-585-14 Heinz & Rebecca Kutsch -- Owner / Applicant Comstock St Ë Exhibit "D" -- Close up Aerial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.