06-24-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: Date: June 10, 2019 Item Description: LAI 9-000027, Mike, Johnsrud, 135 Luce Line Ridge, Variance Presenter: Laura Oakden Agenda Consent Planner Section: 1. Purpose. The applicant is requesting a variance to exceed the allowed square footage for an oversize accessory structure from 1,200 to 1,432 square feet. 2. 15.99 Deadline. The application was deemed complete on April 25, 2019. Following the 60 -day rule the review period ends June 24, 2019. 3. Background. The property is located in a planned residential development within the RR-lA zoning district. The property is permitted to have a total of 2,400 accessory building square footage. It is permitted to have one oversized accessory structure (OAB) but no single structure may exceed 1,200 square feet. The existing detached building was built in 2017. The property owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building, creating a 1,432 sq.ft. building. This would be 232 sq.ft. over the allowed 1,200 sq.ft. footprint. The code allows a second accessory structure (not to exceed 999 sq.ft.) on the property. Staff finds the submitted application does not meet the practical difficulties standards. The request for a variance does not establish any demonstrable difficulty unique to the property. The applicant has indicated they can meet the City Code by building a separate accessory structure. There are not any unique circumstances with the land or the use to support a variance to allow an accessory building larger than the code would permit. The applicant has not demonstrated that the property is unique to support the variance, and the use of the property has been achieved via the construction of the home and the 1,152sq foot accessory structure. The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The applicant states an addition to the existing building would be better financially, environmentally, and neighborly. 4. Planning Commission Vote and Comment. The Planning Commission reviewed and discussed the proposed variances. Commissioners discussed the City Code for allowing one OAB and also allowing up to 2400 total of accessory building square footage. Concerns were addressed regarding overall massing coverage for the property. The Planning Commission recommended approval of the variance request with a 4-3 vote with the condition to prohibit any additional accessory structures on the property. The Commission also advices that legal counsel should be consulted before enacting this condition for future use of the property. The City Attorney advises that any condition placed on a variance must have a clear nexus (connection) to the regulation, ie the condition should clearly mitigate the concern. In this situation, restricting the property owner (and future owners) from lawful additional square footage of accessory buildings (sheds, garages, etc.) doesn't mitigate the massing concern. 5. Public Comment The applicant submitted signatures of support from his neighbors and the HOA. No public comments were submitted. Prepared By: Laura Oakden Reviewed By: J. Barnhart Approved By