06-13-2005 Council Packet - Laserfiche WebLink

Home Browse Search

MS-3111 2260 Foi Street JuNel,200S Page 2 Discussion The variance for location of the proposed building would appear to be justifiable and supported by viable hardships due to the unique characteristics of this lot, including the wetlands, the house location, the location of septic sites, and the remoteness which limits the visual impacts of being between the house and the road. The CUP for plumbing in an accessory building is appropriate given the location and intended use of the building. The appropriate covenants can be required to prohibit inappropriate uses such as for a home occupation, as a guest house or as a dwelling of any sort. Note that the Fire Marshal is currently reviewing whether this building requires fire suppression sprinkling. There was some discussion at the Planning Commission meeting regarding accuracy of the survey with regard to the wetlands, and the submitted grading plan did not match the elevation views in terms of exposure of lower level walls, etc. The applicant has advised that a revised grading plan will be provided before the June 13 meeting, and the wetlands are going to be re-staked. Variance for allowable size The variance for exceeding the allowable size for an oversize accessory structure, is a bit more difficult to get one’s hands around. There is no clear “hardship ” that justifies allowing a larger building. However, the proposal does appear to meet the intent of the ordinance. Tliw* basis for the OAS ordinance when it was adopted in 1989 was two-fold; 1) limit the visual impacts of large accessory buildings; and 2) limit the potential for uses not compatible with single-family residential neighborhoods. This application focuses on the question as to whether granting a variance to allow this building with footprint larger than that allowed by the OAS ordinance based on the lot size, is justified. The last such request was denied by Council (1005 Hunt Farm Road in October 2004: 2160 s.f. proposed where only 1200 s.f. was allowed) partly as a result of neighborhood concerns. Staff has not reviewed the history of past such applications; the number of requests for buildings exceeding the “OAS Table ” size limits has been relatively few. The purpose of the variance process is to enable a provision of the zoning code to be varied “...in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of (the zoning code) and where the variance does not adversely affect the purpose and intent of (the zoning code) nor the health or welfare of the public.” “Before granting a variance, the Council shall hear requests for variances from the literal provisions of (the zoning code) in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of (the zoning code).