11-24-2003 Council Packet - Laserfiche WebLink

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FiLE«03-2959 November 7.2003 Page 4 of6 Hardcover Variance The applicants have proposed to remove all of the rock and plastic landscaping and replace those areas with grass. In addition, the applicants are proposing to remove an area of sidewalk totaling 296 s.f. and installing grass. The total hardcover reduction is proposed to be 296 s.f., not taking account of the 1644 s.f. of rock lined landscape areas which will be removed. Hardship Statement Applicant has provided a hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis /« considering applications for variance, the Planning Commission shaU consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of die Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consIderallOH, and shall^ recormend^pro^al onfy when It is demonstrated that such actions will be in keeping with the Staff tinds that due to the existing location of the home, there is a hardship to allow an encroachment in order to add a pitched roof where a flat roof currently exists and add a full story where currently a '/i story exists. However. Staff does not support granting the side setback variance in order to allow for the change in the garage roof to incorporate the carport. Rather, Staff would ask the Planning Commission if the additional structural coverage and the proximity of the carport to the property line and the neighboring garage warrant removal of the carport. ® Staff would make the following recommend..tions in regards to the criteria for “undue hardship” pertinent to this application: 1. “The property in question cannot be put to a reasonable use if used under conditions allowed by the ofHcial controls." In order to alleviate the leakage problems with the roof some structural work is necessary. With regard to the carport, staff does not find that a hardship exists in order to maintain less than 6 ‘ setback between garage roofiines. however due to the layout of their driveway and garage staff does find a hardship to allow the ,?d7 sf of parking hardcover in place of the carport structure. In the opinion of staff this criterion is met. '' 2. “The plight of the landowner is due to circumstances unique to his orooertv not created by the landowner." ^ ^ The location of the home on the lot and the lot size are not created by the appl icant. 3. “The variance, if granted, w ill not alter the essential character of the locality." The nature of the lots along Shadywood Road in this area is small lots with closelv spaced homes. In the opinion of staff this criterion is met. ^