11-24-2003 Council Packet - Laserfiche WebLink

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M3-2917 August 18,2003 rage 7 of 7 Allowing hardcover in the 0-75 ’ zone would be contrary to the intent of the Zoning Code. This is because consistently staff and Planning Commission have required 100% removals in the 0-75' setback zone with rebuilds and massing of structure in this zone is discouraged 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Granting lot area and setback variances would alleviate the hardship of limited area available to build using the zoning district’s standards. Allowing structure and hardcover to within 75 ’ of the creek, in instances of rebuilds, would serve as a convenience to the applicant. If the applicant is going through major renovations or rebuilds, non-conformities should be reduced and/or removed, not maintained. Granting of a hardcover variance in tr^ 75-250' zone would be necessary to alleviate the hardship of limited buildcble area in the zone (609 s.f). Issues for Consideration 1. Is it appropriate to implement setbacks of the Vi zoning district for a property in a 2 acre zoning district when the property in question and most of the developed lots in the immediate neighborhood are closer to a '/; acre? 2. Because this is essentially a rebuild, should the applicant be required to remove the 325 s.f. of structure in the 0-75’ creek setb<ack zone even though it is part of the principle structure? 3. Is the limited amount of buildable area in the 75-250' zone a valid hardship to grant a hardcover variance of 43.75% when 25% is normally allowed? 4. Should the applicant revise his current house plan to meet a 30’ rear yard setback when 30' is deemed appropriate for the purposes of grunting a rear yard setback variance? 5. Are there any other issues or concerns with this application? Staff Recommendation Approval of the lot area variance because the property was constructed prior to current Zoning Ordinance requirements, and in rebuild situation this variance is a formality with legal lots record. Approval of a front and rear yard setback of 30' when 50’ is required and approval of a side yard setback of 10’ when 30’ feet is required. This is due to the subject property’s area, .455 acres, e.xisting within a 2 acre zoning district. Denial of the creek setback variance to allow structure w ithin 75’ of the creek and subsequent hardcover in the 0-75’ zone. Because the applicant’s project amounts to major renovations and essentially a rebuild, staff and Planning Commission should be consistent with requiring 100% removal in the 0-75’ setback zone. 1 i Muiliilali i