Print this page
Posted: April 04, 2024
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 24VA002 - Pine Hills Subdivision

Agenda Item Title:

24VA002 - Variance to increase the maximum height from 15 feet to 19 feet 6 inches for a detached garage with a second story accessory dwelling unit

Origination Group:
Planning Commission
Origination Meeting Date:
04/04/2024
Petitioner:
Mike Swenson
Staff Contact:
Cassie Hayes, Current Planner II
Location:
1355 Pine Hills Drive
Agenda Item Summary:
The applicant has submitted a Variance request to increase the maximum height from 15 feet to 19 feet 6 inches for a detached garage with a second story Accessory Dwelling Unit. The subject property is comprised of 1.98 acres and is zoned Low Density Residential District 1. The property currently contains a two-story single-family dwelling with attached garage, three detached sheds, a detached carport, and a two-story detached garage. On April 20, 2023, Variance #23VA003 was approved to allow a height of 19 feet 6 inches in lieu of the maximum height of 15 feet for the two-story garage with the second story being storage space. This Variance is being requested to allow the second story of the garage to be finished as an Accessory Dwelling Unit (ADU) rather than storage space, as originally intended. The applicant has an approved building permit (#23-1396) for the two-story garage with second story storage and has started construction. The proposed ADU will be 1,079 square feet in size and can be accessed from both the garage below and exterior stairs from the second story covered deck. In association with the approved Variance (#23VA003), Conditional Use Permit #23UR005 was approved with stipulations to allow an oversized garage on May 4, 2023, as the square footage of the garage exceeds 1,500 square feet. Stipulation #2 of 23UR005 stated, in part, that the garage shall not be used for commercial purposes or as a second residence. Section 17.50.219 of the Rapid City Municipal Code allows attached ADUs or detached ADUs as an accessory structure. Accessory structures are limited to 15 feet in height, therefore limiting ADUs to the ground floor. The purpose of the height requirement is to maintain the privacy of neighboring properties and reduce the prominence of detached ADUs in comparison to the primary residence. The stipulations of the associated Conditional Use Permit (#23UR005) specifically prohibited the garage to be used as a residence to avoid conversion of the second story to an ADU. There are multiple undeveloped properties within the Pine Hills Subdivision, including the adjacent properties north, south, and east of the subject property. The undeveloped properties range in size from 0.36 acre to 4.39 acres. It is unknown what impact a second story ADU could have on the undeveloped properties and the neighborhood. A second story ADU does not protect the value of the undeveloped properties or maintain a reasonable expectation of privacy for future development on neighboring properties. In order to construct the second story as an ADU rather than storage, the applicant will need to obtain approval of this Variance request and approval of the companion Major Amendment to the Conditional Use Permit (#24UR004) to allow a detached oversized garage with a second story Accessory Dwelling Unit. If both are approved, the applicant must obtain a building permit for the second story ADU.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Reject
Origination Recommendation Notes:
Planning Commission Denied the Variance to increase the maximum height from 15 feet to 19 feet 6 inches for a detached garage with a second story accessory dwelling unit: 4/4/2024

Attachments & Links to Download:

24VA002 Project Report

24VA002 Attachments

Joomla! Debug Console

Session

Profile Information

Memory Usage

Database Queries