Agenda Packet 1.22.25 - Laserfiche WebLink

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Minor Exception No. 2024-04 (1014 S. Cypress Avenue, Units 100 and 101) January 22, 2025 Page 3 4 7 8 7 In late October 2024, the property owner contacted to the Planning Division indicating that construction progress on the ADUs was delayed due the City’s requirements for undergrounding of new utility connections, as required by SAMC Section 41-626. Moreover, the property owner requested administrative approval for a second connection drop to the ADU. On November 1, 2024, staff provided a response to the property owner indicating that approval of a minor exception is required to allow a second drop in order to construct the project as proposed by the applicant. In November 25, 2024, the property owner submitted the required minor exception application for consideration. Project Analysis Pursuant to Section 41-626(a) of the SAMC, all new electrical connections for new buildings or structures are required to be underground. Moreover, pursuant to SAMC Section 41-626(e), a minor exception may be granted from the requirements of subsection 41-626(a), subject to the standards set forth in Section 41-638 of the SAMC. Pursuant to SAMC Section 41-638, the zoning administrator may grant a minor exception when it appears that all of the following have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; ii. That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights; iii. That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; and iv. That the granting of a variance or minor exception will not adversely affect the general plan of the city. In analyzing the minor exception request, staff believes that the following analysis warrants staff’s recommendation of denial of the application due the fact that not all of the above-mentioned findings required by the SAMC can be established or substantiated. There exist no special circumstances applicable to the subject property including size, shape, topography, location or surroundings (i.e., property’s physical characteristics), that would justify the granting of the minor exception or that would prohibit the property owner from placing the required utility lines underground. Rather, the location of the existing power pole is such that the undergrounding and trenching of the utility lines is viable and not be obstructed by any of the property’s physical characteristics and, in fact, the amount of undergrounding and trenching of the utility lines would be limited. Moreover, to underground the required utility lines, the property owner does not have to