31A - VARIANCE - 1919 N SPURGEON ST

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Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 3 setbacks for the front, side and rear yards for single-family residences. Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Variance No. 2013-02 - Minimum Lot Size SAMC Section 41-247.6 states that lots containing one dwelling unit have an area of at least 6,000 square feet. While the subject property was once over this minimum lot size, as result of the 1-5 Freeway widening, it has been reduced to 2,457 square feet. Following the freeway widening, the Planning Division evaluated each remnant parcel created by the widening and made recommendations regarding each site's future development. The subject property was recommended to be either developed as a single-family residence or consolidated with the adjacent property to the south. The lot consolidation option was declined by the adjacent property owner and the lot has remained vacant since 1995. Staff recommends approval of the variance from the minimum lot size based on the following facts and findings. The project site has special circumstances related to its size, shape and surroundings. After the I- 5 Freeway widening the property was reduced from over 6,000 square feet to 2,457 square feet. The lot is further constrained by a Caltrans drainage easement which extends along the northern property line and extends 12-feet into the subject property. The result is a jagged property line that creates an irregularly shaped parcel that cannot be developed in compliance with the applicable development standards. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the property would not be developed and would remain vacant as it has since the freeway widening. The property is zoned for residential use and has been identified by the Planning Division as viable for either residential development or consolidation with the adjacent property. The applicant purchased the property in 2007 with the intent to build a modest single-family residence. 31A-5