Pursuant to A.R.S. Section 9-462.06, the Board of Adjustment is granted the authority to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings. Section 10-20.70 of the Zoning Code establishes the procedures for the review of a variance application by the Board of Adjustment. Section 10-20.70.050 of the Zoning Code identifies the four (4) standards that must apply when granting any variance. These standards are included below, followed by an analysis of how the requested variance does or does not satisfy these standards. Note that the Board of Adjustment may only consider and apply arguments in support of these findings, and no other arguments for the granting or denial of the variance are applicable or may be considered.
A variance shall only be granted if the applicant demonstrates all of the following:
- That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
The development of the site is unusually encumbered by an existing Forest Service Road and easement that essentially divides the subject property into three areas. As a public access roadway that also serves surrounding properties, the ability to develop the site as permitted with a single-family dwelling is extremely limited without pushing the home up against the roadway or easement. The site also has previously installed infrastructure to support the specific location that is proposed for the new home. The applicant is requesting the variance for the specific purpose of causing less disturbance to the property than what has already occurred. A 10-foot interior side setback would allow the applicant to site the home away from the existing steep slope. The home would be located closer to Forest Service lands and would be unlikely to disturb or interfere with adjacent development. Few properties in Flagstaff have the same or similar encumbrances that exist on this property.
- That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
The site plan provided shows the proposed home being constructed within 10 feet of the eastern property line where a 20-foot setback is required. Originally, the applicant thought that the house would fit within the bounds of the existing setback requirements. After working with the contractor it became clear that the home would need to be pushed further away from the edge of the slope to avoid further disturbance. The original home design included an allowed stair encroachment into the eastern 20-foot interior side setback. The site plan provided for this variance still shows the stairs encroaching into the setback. The applicant has agreed to relocate those stairs to the northern end of the deck so that the variance total is reduced and will not exceed the minimum variance required for the development of this house.
The grant of the variance will not constitute a special privilege as few lots within the city have the same special circumstances that impact this development site.
- The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property; and
The applicant (current property owner) is not responsible for the establishment of the existing Forest Service Road or easement. The previous property established the existing driveway and utility infrastructure. The placement of the home within the existing disturbed areas of the site would not constitute a self-imposed condition.
- The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a non-conforming use, or (3) would change the terms of the zone of any or all of the subject property.
The approval of a variance will not establish a use on the property that: 1) is not allowed in the Estate Residential (ER) zone; 2) would result in the extension of a nonconforming use; or, 3) changes the terms of the Estate Residential (ER) zone of any or all the subject property.
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