07-12-2021 Council Packet - Laserfiche WebLink

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FILE # LA1-000041 21 June 2021 Page 4 of 5 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s unique and substandard size and does apply to many of the properties in the same neighborhood as the plat of Foxhill was created in 1965 and pre-dates the establishment of the LR-1A zoning district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The buildable area impacts of the wetland and road encroachment are difficulties unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the setback variance to permit the garage addition is necessary for the preservation of the property right of the owner. The improvements will not be substantially visible when viewed from off the property or from the Luce Line Trail. The setback variances facilitate creation of additional storage space within the property and preserve the property rights of the owner. 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 setback variance for the addition in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The use of the property has been established with the house. The expansion of corresponding improvements may be considered a convenience to the applicants. 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. Public Comments The applicant has reached out to neighbors; to date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s ), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance to allow the one-story expansion of the garage as proposed. Staff further suggests the Commission review the existing storage shed located on the northwest lot line, and consider requiring removal or relocation of the shed as it is approximately one foot from the property line where a 15-foot accessory building setback is required as a condition of variance approval.