02-13-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3887 17 Jan 17 Page 4 of 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size of the subject property is not conforming to the LR -1C area or width standards but it is not unusual enough to justify the additional hardcover requested. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is similar in size to but on the small end of the range of the immediately adjacent property areas. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has indicated the variances are necessary. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the hardcover variance for the level requested is not in line with the intent of the zoning chapter. Due to the narrow width of the lot, (the property is approximately 75 feet wide in the location of the home) the variance to allow the 1.3 foot encroachment for the principal structure may be reasonable as the existing detached garage is currently close to the property line. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. While the location of the existing structure and the width of the lot may support the requested setback variance; the requested hardcover variance has not been shown to be supported by a demonstrable practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has not provided the Practical Difficulties Documentation Form, and should be asked for testimony regarding the application. Practical Difficulties Analysis The structural coverage level is proposed to increase by over 1,000 square feet, and although conforming to the massing limitations, results in the requested variance to increase hardcover over the existing nonconforming level, 470 square feet in excess of the permitted level. Staff does not find practical difficulties inherent with the property supporting the increase in hardcover proposed. Regarding the setback variance to connect the existing detached garage to the house, the location of the existing structures may support the variance. The applicant should be asked to describe in detail the intended project. Will the existing detached garage be demolished and the addition and connection be new construction? Are there alternatives which would increase the side setback?