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Request by Timothy Raduenz, Form One Design, for street side and rear yard setback variances at 1343 N. 72nd Street
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Submitted by:
Art Pinon
Department:
Development
A. Issue
The applicant is requesting variances to the street side and rear yard setback requirements for an existing single-family residence located at 1343 N 72nd Street, within the Single Family Residential (R1-6) zone. The requested variances are intended to allow for the expansion and substantial remodel of the existing home. The table below outlines the proposed variances in comparison to the minimum required setbacks:
Variance Requested Proposed Setback Required Min. Setback
Rear Yard (South) 3.5 feet 25 feet
Corner Street Side (East) 4.5 feet 14.93 feet
The existing home does not currently meet the required setbacks and is considered legal nonconforming. The portions of the home for which variances are requested are located along the southern and eastern property (along 72nd street) lines where the structure is already built. No variances are proposed for the new addition, which complies with all applicable setback requirements.
The need for these variances is due to the extent of demolition and reconstruction necessary for the remodel and addition. The scope of the work involves removing and rebuilding a substantial portion of the existing structure. Based on cost estimates, the reconstruction is valued at more than 50% of the fair market value of the structure.
Per WMC 24.15.040.C.2, when a nonconforming structure is intentionally destroyed or damaged by causes within the owner’s control, and the extent of damage or destruction exceeds 50% of the structure’s fair market value, as determined by the assessor’s office, the structure may not be reestablished unless it complies with all current zoning regulations. Therefore, variances are being requested to maintain the existing legal nonconforming setbacks as part of the reconstruction.
Attached to this report are a letter addressing the four variance findings in accordance with WMC 24.16.060.H, plat of survey, site aerial, floor plan, and letters of support from the neighbors.
B. Recommendation
The standard four criteria should be applied to make the determination for the requested variances:
1. Exceptional circumstances do exist pertaining to this lot.
2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity.
3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests.
4. That the difficulty or hardship was not created by the property owner.