HomeMy WebLinkAboutMALDONADO SUBDIVISION - PDP - PDP120021 - REPORTS - MODIFICATION REQUEST (3)i
• The modification is nominal when compared to the entire development plan
that provides high quality, high performing architecture that is sensitive to
the character of the surrounding neighborhood, and as such is consistent
with the policies of the Land Use Code described in Section 1.2.2 as follows:
(J) Improving the design, quality and character of new development.
(L) Encouraging the development of vacant properties within established
areas.
(M) Ensuring that development proposals are sensitive to the
character of existing neighborhoods.
• Policy LIV 6.2 — Seek Compatibility with Neighborhoods. Encourage design
that complements and extends the positive qualities of surrounding
development and adjacent buildings in terms of general intensity and use,
street pattern, and any identifiable style, proportions, shapes, relationship to
the street, pattern of buildings and yards, and patterns created by doors,
windows, projections and recesses. Compatibility with these existing
elements does not mean uniformity.
• Policy LIV 7.4 — Maximize Land for Residential Development. Permit
residential development in most neighborhoods and districts in order to
maximize the potential land available for development of housing and thereby
positively influence housing affordability.
Criteria (3): By reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to such property, including; but not limited to, physical
conditions such as exceptional narrowness, shallowness or topography, or physical
conditions which hinder the owner's ability to install a solar energy system, the strict
application of the standard sought to be modified would result in unusual and
exceptional practical difficulties, or exceptional or undue hardship upon the owner of
such property, provided that such difficulties or hardship are not caused by the act or
omission of the applicant; or
Supporting Findings:
• The way that this lot was subdivided created a shallow lot depth that is
unique to this block face in comparison to the surrounding area. The
shallowness of the lot is a hardship not caused by the owner, and the
resulting depth makes a detached garage difficult position without a reduced
rear and side setback.
Criteria(4): The plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire development
plan, and will continue to advance the purposes of the Land Use Code as contained in
Section 1.2.2.
Supporting Findings:
• The modification requests a 10' reduction in the rear garage setback. 15 feet
is the standard. We feel that the resulting 5' will provide an adequate visual
separation, and that the 10' reduction is nominal when considering the fact
that this is for a garage and not the principle dwelling. Additionally, the side
setback reduction to zero feet does not affect surrounding neighbors and the
impact is confined internally. Therefore, we feel that zero lot line request for
the garage is nominal.
• The reduced rear and side setbacks for the garage are nominal and permit a
development plan that is in compliance with and reinforces the established
framework of the surrounding neighborhood. The lot as modified is in
conformance with the purpose of the N-C-M zone, which is "intended to
preserve the character of areas that have a predominance of developed
single-family and low- to medium -density multi -family housing and have been
given this designation in accordance with an adopted subarea plan."
undue hardship upon the owner of such property, provided that such difficulties or hardship
are not caused by the act or omission of the applicant; or
(4) the plan as submitted will not diverge from the standards of the Land Use Code that are
authorized by this Division to be modified except in a nominal, inconsequential way'when
considered from the perspective of the entire development plan, and will continue to advance
the purposes of the Land Use Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by specific
findings showing how the plan, as submitted, meets the requirements and criteria of said
subparagraph (1), (2), (3) or (4).
Modification Criteria, Supporting Findings:
This request of approval for this modification complies with the standards per Review Criteria
2.8.2(H)(1) through (4) in the following ways:
Criteria (1): the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan which
complies with the standard for which a modification is requested.
Supporting Findings:
• This application proposes no setback modification for the primary building.
The reduced setbacks are for the garage only, and do not result in a lot
pattern or streetscape that is detrimental to the surrounding neighborhood.
The proposed rear setback of 5 feet is consistent with the required 5' setback
listed in 4.8(D)(E)(3) which lists the rear setback for alleys for primary
structures. The zero side setback is proposed for the garage only and shares
a common lot line with the applicant's property; zero lot lines are not
proposed at the side lot lines that are at the project's boundaries to the north
and south.
Criteria (2): The granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code, substantially
alleviate an existing, defined and described problem of city-wide concern or would
result in a substantial benefit to the city by reason of the fact that the proposed project
would substantially address an important community need specifically and expressly
defined and described in the city's Comprehensive Plan or in an adopted policy,
ordinance or resolution of the City Council, and the strict application of such a standard
would render the project practically infeasible; or
Supporting Findings:
• The rear and side setbacks as modified permit a development plan that would
otherwise be infeasible while providing consistency with the LUC in terms of
lot width, primary building setbacks, and with enhanced architecture that
provides appropriate massing, scale, detail and articulation. The resulting
project enhances the established street pattern and character of the
neighborhood with an intensity of use that is consistent with the
neighborhood and consistent with the following policies:
August 13, 2012
Modification Request for minimum required building setbacks.
412 North Whitcomb Project Development Plan (PDP).
Modification Description:
This is a Modification Request to Section 4.8(E)(3) and 4.8(E)(4), which addresses the
requirement for a 15' rear setback and a 5' side setback.
• Modification to this standard to permit: a rear garage setback of five
feet; a side garage setback of zero feet.
Land Use Code Standard:
Section 4.8(E)(3) and 4.8(E)(4) of the Land Use Code states that:
(3) Minimum rear yard setback shall be five (5) feet from existing alleys and fifteen (15)
feet in all other conditions.
(4) Minimum side yard width shall be five (5) feet for all interior side yards. Whenever
any portion of a wall or building exceeds eighteen (18) feet in height, such portion of
the wall or building shall be set back from the interior side lot line an additional one (1)
foot, beyond the minimum required, for each two (2) feet or fraction thereof of wall or
building height that exceeds eighteen (18) feet in height. Minimum side yard width
shall be fifteen (15) feet on the street side of any corner lot. Notwithstanding the
foregoing, minimum side yard width for schools and places of worship shall be twenty-
five (25) feet (for both interior and street sides).
Land Use Code Modification Criteria:
"The decision maker may grant a modification of standards only if it finds that the
granting of the modification would not be detrimental to the public good, and that:
(1) the plan as submitted will promote the general purpose of the standard for which the
modification is requested equally well or better than would a plan which complies with the
standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard would, without
impairing the intent and purpose of this Land Use Code, substantially alleviate an existing,
defined and described problem of city-wide concern or would result in a substantial benefit to
the city by reason of the fact that the proposed project would substantially address an
important community need specifically and expressly defined and described in the city's
Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and
the strict application of such a standard would render the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and exceptional
situations, unique to such property, including, but not limited to, physical conditions such as
exceptional narrowness, shallowness or topography, or physical conditions which hinder the
owner's ability to install a solar energy system, the strict application of the standard sought to
be modified would result in unusual and exceptional practical difficulties, or exceptional or