HomeMy WebLinkAboutJ_Hirani Variance Request JustificationVariance Request Justification
The applicant suffers practical difficulties and unnecessary hardship and the variance is necessary
because of special circumstances applicable to subject property, including size, shape, topography,
and location or surroundings of the subject property, and the strict application of the Zoning Code is
found to deprive subject property owner of rights and privileges enjoyed by other property owners in
the vicinity and under identical zone classification.
The subject property contains steeply sloping ground above an existing rockery up to 10 feet tall.
Currently the area is bare soil or covered with weeds. Planting natural grass on the slope above the
rockery would be too difficult to access, mow and weed. Consequently, the applicant is proposing a
newer artificial turf product (Synthetic Turf NW dog turf) which has very low maintenance and is
considered to have a permeability comparable to natural turf. In addition, the homeowner’s association
is supportive of low maintenance landscaping. There will also be no additional requirement for watering
of the artificial turf which will be less expensive to the applicant and conserve water used from the City’s
water system.
The subject property encompasses a total area of 9,294 square feet of which 4,401 square feet is
impervious. Existing impervious area equals about 47 percent of the property. The impervious area
includes an asphalt paved driveway that occupies about 1,682 square feet which is shared with the
neighbor located to the south at 2704 Williams Avenue North. The applicant’s property has significantly
more existing impervious area due to the presence of the driveway being located entirely on their
property and consequently is unable to meet code required impervious area threshold of 65 percent
with the planned improvements.
The granting of the variance will not be materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity and zone in which subject property is situated.
The granting of the variance for the planned improvements will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in which subject
property is situated. The planned improvements on the property involve construction of retaining walls
in the backyard, installation of artificial turf, pavers and various landscaping materials. The
improvements are primarily in the backyard of the existing residence and generally not visible to the
public. The planned improvements will reduce the potential for erosion and improve site stability.
The approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses
of other properties in the vicinity and zone in which the subject property is situated.
The approval for the planned improvements will not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in which the subject property is
situated. The planned improvements are associated with landscaping of the backyard and side yard. No
formal landscaping has been completed by the homeowners since the house was constructed in 2005.
They will be completing landscaping consistent with other properties in the vicinity and responding to
the Homeowner’s Association maintenance requirements by eliminating weed growth. The
improvements will cover previously bare or weed covered surfaces with artificial turf, pavers or
landscaping materials. Use of these types of products in landscaping projects is very common for
residential properties. Installation of these products will also likely improve the property value of
residences that view the side and backyards of the Hirani property.
The approval is the minimum variance that will accomplish the desired purpose.
The planned improvements are considered by the applicant the minimum required to accomplish the
intended purpose which is primarily to create low maintenance landscaping on steeply sloping areas.
The planned improvements are intended to reduce erosion of exposed soils in sloping areas and
eliminate the need for landscape maintenance such as mowing and weeding on steep slopes which
would be unsafe. Other planned improvements are consistent with landscaping projects completed by
other residences in the neighborhood. The proposed improvements would likely not require a variance
if it were not for the fact that the property has the burden of all the impervious surface area associated
with the asphalt paved driveway that serves this residence and the adjacent residence to the south.