COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Discussion and Action: Resolution No. 25-3867 Granting a Variance from City Code Section 13.16.050 Regarding Lot Planning for 2142 Rudolph Drive (Tract 136, Block 7, Lot 25 and 28A) and 2130 Burke Drive (Tract 136, Block 7, Lot 24), 1.4 Acres, to Permit the Creation of a Through Lot (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider adopting a resolution approving a variance to the Subdivision Code involving a remnant flag lot that does not disrupt the natural block design and view corridors down rear and side lot lines of the block and will additionally facilitate the property to have accessory buildings.
BACKGROUND:
GENERAL INFORMATION:
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Application No.: |
25-4889 (PZ2025-00139) |
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Property Legal: |
Tract 136, Block 7, Lots 25 and 28A (already combined) and Tract 136, Block 7, Lot 24 (to be combined with 25 and 28 |
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Address: |
2142 Rudolph Drive (Combined Lots 25 and 28A) and 2130 Burke Drive (Lot 24) |
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Lot Size: |
2142 Rudolph Dr 0.88 Ac. and Burke Drive 0.52 Ac. |
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Applicant: |
Palmieri Construction, Inc. |
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Owners: |
Steve Brownell (all lots involved) |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Land Use Designations: |
Low Density Residential/Low Density Residential |
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Existing/Proposed Use: |
Single Family Residence, Detached Accessory Buildings |
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Proposed Number of Lots/Units: |
No new Lots created |
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Density: |
N/A |
SITE ANALYSIS
The subject properties consist of three parcels located in a Residential Estate Zoning District (R-E):
1. The original Lot (28) contains a home and pool/spa that was built in 1993. It also was combined with a tiny sliver of adjacent Lot (29) in 1996 to fix a retaining wall encroachment situation, thereby causing the Lot to become Lot (28A) upon recordation.
2. A flag lot, Lot (25), located directly behind Lot (28A) was combined in 1996 with the original Lot (28A) and an accessory building was constructed in 1996.
3. A flag lot, Lot (24), was recently purchased by the applicant with the intent of constructing an additional accessory building.
The intent of City Code (Subdivision Code) Section 13.16.050 is to maintain view corridors down side and rear lot lines and to permit corner lots to have circle drives or vehicular driveway access from both adjacent streets. The intent is not to have lots passing through blocks between streets blocking these view corridors, essentially not having a rear building setback.
The original lot layout of this block contains two flag lots that sit in the middle of a ring of bordering lots on all sides that creates a “hole in a donut” situation. This configuration allows the flag lots to be tied to surrounding lots and still maintain the view corridor/ rear building setback intent of section 13.16.050. Flag lot (25) was combined with lot (28A) creating an existing through lot. As this is a unique situation, the variance application was filed to address it and combined the remaining flag lot with lots (28A & 25). Area, Zoning, Letter of Intent and Property Survey are attached.
SUBDIVISION Code FINDINGS FOR VARIANCE APPROVAL:
Subdivision Code Section 13.32.010 allows for variances to subdivision code requirements. Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve exception to the subdivision regulations so that substantial justice may be done and the public interest secured, provided that such exception shall not have the effect of nullifying the intent and purpose of these regulations. The required findings are:
A. The granting of the exception will not be detrimental to the public safety, health, or welfare or injurious to other property;
The request should not be detrimental to the public safety, health or welfare as the applicant is combining parcels that will total 1.4 acres (if approved) and will be used to add accessory buildings to the combined property. Additionally, Lot 24 and the previously combined Lot 25 were vacant flag lots that could have been developed with homes and their own accessory buildings creating a less spacious environment visible to the neighbors than that planned by the owner.
B. The conditions upon which the request for an exception is based are unique to the property for which the exception is sought and are not applicable generally to other property;
The original lot layout of this block contains two flag lots that sit in the middle of a ring of bordering lots on all sides that creates a “hole in a donut” situation. This configuration allows the flag lots to be tied to surrounding lots and still maintain the view corridor/ rear building setback intent of Section 13.16.050. The vast majority of blocks in the City are designed in a manner that places lots back-to-back, creating view corridors downside and rear lot lines that contribute to a perception of distance and space from adjacent lots.
C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
The flag lot involved in this request is a unique situation in the area where the block design was done in a manner where the space between the row of lots was filled with two flag lots which would not interrupt the view corridors of the block by being combined in the requested manner. Additionally, it is intended to host accessory buildings and not homes with their own accessory buildings, in turn creating a less spacious environment.
D. The exception will not in any manner vary the provisions of the Zoning Ordinance, approved Specific Plan, or the General Plan.
No varying of any provisions of the Zoning Ordinance or the General Plan are anticipated by this request. Conditions for code compliance have been added by staff and are listed under the Conclusion section below.
GENERAL PLAN LAND USE DESIGNATION/CONFORMITY:
The land use designation of the involved properties is all Low Density Residential, and the property owner intends to use them in accordance with this designation.
COMMENTS FROM OTHER REVIEWERS:
All reviewing agencies that commented on the request have approved the requested action.
CONCLUSION:
The requested variance is a minor request and does not in and of itself create a dangerous or bad planning situation as these flag lots could have single family homes built upon them. With approval of this application, and the following conditions for code compliance, staff believes that the combined property will be in conformance with the intent of the Subdivision Code:
1. The lot combination shall be completed and recorded with Mohave County prior to the City’s issuance of any permits or approvals related to the new lot and this Resolution.
2. Maximum grade, based upon the Lot Combination Survey attached as Exhibit A, is assigned at 88.00’ for the original boundary area of Lot 24.
3. Side yard setbacks for the original boundary area of Lot 24 shall be 10 feet on the two side yards.
4. Maximum building height permitted shall be 30 feet above the maximum grade of 88.00’ for the original boundary area of Lot 24.
PLANNING COMMISSION ACTION:
N/A. The Subdivision Code is not subject to Planning Commission review and recommendation.
COMMUNITY IMPACT:
Consolidation of these parcels promotes thoughtful land use and contributes positively to the neighborhood’s visual cohesion and openness.
FISCAL IMPACT:
Improvements to the property may increase the assessed valuation, and the City may receive additional property tax revenue.
ATTACHMENTS:
Resolution No. 25-3867
Area Map
Zoning Map
Letter of Intent
Property Survey
SUGGESTED MOTION:Recommended Action
I move to adopt Resolution 25-3867 granting a variance from City Code Section 13.16.050 regarding lot planning for 2142 Rudolph Drive and 2130 Burke Drive to permit the creation of a through lot.