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| ARF- 6148 |
2. A.
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| Regular Meeting |
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| Information |
| Request/Subject |
| Request for the Board of Supervisors to approve, deny, or modify Conditional Use Permit application number CUP-20-01 submitted by Michael Luster to allow a 3-story, 34 foot tall building height for a 3 bedroom, 2 bath single family residence with a garage in a Residential 1L Use District in Whispering Pines. |
| Background Information |
The property has an approved septic system permitted in 1989 and verified by a commercial septic contractor in 2019.
In 2018, an Administrative Variance application was approved to allow a reduced front setback for a single family residence from 20' to 10' due to the hardships of a significant portion of the property being in the floodway, the location of the existing septic system, and destruction of vegetation. No appeals were received.
The Floodplain Division issued an Floodplain Use Permit in 2019 requiring a base flood elevation to meet FEMA regulations. This height was calculated to be 6' to bottom of finished floor by the owner's surveyor.
The Building Safety Division issued a building permit in 2019 for a 3 bedroom, 2 bath, single family residence consisting of a garage with two habitable floors above.
In November of 2019, the first inspection of the foundation was performed. The building is currently being framed.
In April 2020, a complaint was received about the building's height and proximity to the road. Investigation by staff determined that the building was 10' from the front property line as allowed by Administrative Variance and the structure was 3 stories and 34' feet in height. The R1L Use District requires a Conditional Use Permit (CUP) for any building exceeding 2 stories or 30' above ground level. It was further determined that Community Development staff failed to verify the building's height and number of stories met zoning requirements at the time of building plan submittal.
After being informed of the height and story issue, Michael Luster, on behalf of owner Levi Luster, submitted an application for a Conditional Use Permit in April 2020.
To fulfill the requirement of the Gila County Zoning Ordinance, the applicant held a neighborhood meeting in May 2020 using Zoom Meeting to discuss the CUP application.
The Planning and Zoning Commission held public hearings on May 21, 2020 and June 18, 2020. Both meetings were noticed per the requirement of A.R.S. § 11-813 and the Gila County Zoning Ordinance.
The Planning and Zoning Commission on June 18, 2020, voted 5 to 2 with one Commissioner abstaining and one absent, to recommend to the Board of Supervisors denial of the CUP application and that the residence must conform with the Gila County Zoning Ordinance.
The public hearing notice for the July 28, 2020 Board of Supervisors' meeting was published in the Payson Roundup on July 6, 2020 and posted on the property July 9, 2020. |
| Evaluation |
The building must comply with the height and story requirements of the Gila County Zoning Ordinance. Building heights above 30 feet and more than 2 stories are allowed with a Conditional Use Permit. The Ordinance further defines a conditional use as a use which, although not specifically permitted in a zoning district, would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions
These sections from the Gila County Zoning Ordinance shall apply:
104.2.A.2.e: A Conditional Use Permit shall be required for any building exceeding two (2) stories or thirty (30) feet above ground level.
101.3 C: Conditional Use Permits shall be issued setting forth all qualifying conditions subject to the procedures for rezoning found in the section of this Zoning Ordinance entitled “Amendment Procedures.”
101.3.B.2.a: The applicant shall invite and meet with his neighbors, being the property owners in the notification area, at a specific time and place, convenient for assembly and often the subject site, to discuss his proposed request.
101.2 B.8: The Planning and Zoning Commission will hear, review, determine compatibility requirements and make the decision regarding all Conditional Use Permit applications.
105.3 The Planning and Zoning Commission shall report to the Board of Supervisors.
105.4 Upon receipt of the Planning and Zoning Commission's recommendation, the Board may take appropriate action after holding at least one public hearing.
The residence is being constructed in the Whispering Pines subdivision, approximately 10 miles north of Payson. The subdivision consists of one- and two-story residences. On the road where the property is located, there are 12 single and 17 two-story residences. On the roads, Neal Drive and Neal Spur, that provide access to Scott Drive, there are 9 single and 25 two-story residences.
Property owners within the subdivision have attended all three meetings and have expressed their concerns regarding the existing septic system, the proximity of the building to the road, the building's height and number of stories, and the CUP would set a precedent to allow more 3-story residences in the subdivision. Due to the cooperation of the property owners, a stop work order has not been issued by the Building Safety Division.
The building's height is 4' above the allowed 30' without a CUP. The building is one story greater than the allowable two stories without a CUP. The first story is a garage with no access to the second story from inside. The second story is two bedrooms, bath, kitchen, laundry, and family room. The third story has a bedroom, bath, and game room.
The applicant stated they chose to build multiple stories because of the limited buildable area due to a significant portion of the property being in the floodway, the location of the existing septic system, and vegetation consisting of mature apple trees. The applicant stated he was not made aware of any height and story restrictions in the R1L use district.
The Planning and Zoning Commission voted at its June 18, 2020 meeting to recommend that the Board of Supervisors deny the CUP application with a vote of 5 to 2 with 1 abstention. |
| Conclusion |
| The property owner has complied so far with the requirements set forth by Gila County Planning and Zoning, Wastewater, Floodplain, Grading and Drainage, and Building Safety Divisions. An Administrative Variance to allow a reduction in the front setback of 10' was approved in 2018 with no appeals received. The 34' building height measured from grade level to the mean height between eaves and ridge for gable roofs is 4' above the allowed 30'. The 3rd story resulted from the owner changing the crawlspace to a garage for better utilization of the space due to FEMA requiring a base flood elevation which the owner's surveyor calculated to be at least 6' above grade to bottom of finished floor. The applicant stated at the neighborhood meeting the building could have been designed with an exposed pier foundation but it was felt a crawlspace or garage would more compatible with other existing residences in the neighborhood. The single family residence is a 3 bedroom, 2 bath, with a garage. Community Development staff made an error at the time of plan submittal by not noticing and not notifying the applicant of the height and story zoning limitations. |
| Recommendation |
This Conditional Use Permit application is being presented to the Board of Supervisors for a decision. Staff considers the following facts to be most germane:
1) The septic system was permitted and approved in 1989 and is assumed to have met all County and state requirements at that time and in 2019, a Wastewater Clearance Letter was issued after the septic system was located and inspected by a commercial contractor.
2) In 2018, an Administrative Variance was approved for a 10' reduction in the front setback to allow for an increased building area due to special circumstances applicable to the property.
3) Floodplain and Grading and Drainage do not foresee any significant drainage issues with the current location of the building.
4) The Floodplain Use Permit requires a minimum base flood elevation, waterproof materials,and flow through vents to meet FEMA requirements.
5) The applicant has stated they will use premium materials on the exterior of the building and install landscaping that will complement the building and the property.
6) The residence is located on a road that has more two-story residences than single-story.
7) The property has a limited building area due to a significant portion of the property being in the floodway, the location of the existing septic, and mature apple trees.
8) The residence is a 3 bedroom, 2 bath with garage.
9) The applicant has stated that staff did not inform him of the height and story restrictions in the R1L Use District.
10) With a CUP, the Gila County Zoning Ordinance will allow the residence to be 3 stories and 34’ in height.
11) The Planning and Zoning Commission voted 5-2 with one abstention to recommend to the Board, denial of the CUP. |
| Suggested Motion |
| Information/Discussion/Action to approve, deny, or modify Conditional Use Permit application number CUP-20-01 submitted by Michael Luster to allow a 3-story, 34 foot tall building height for a 3 bedroom, 2 bath single family residence with a garage in a Residential 1L Use District of the Whispering Pines subdivision. (Scott Buzan) |
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