08-17-1998 Planning Packet - Laserfiche WebLink

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5. 9. The granting of the application is necessai> tot the preservation and enjoyment of a substantial property right of the applicant. The applicants will need to provide testimony regarding their need to preserve their property rights by changing the deck into a three season porch and removing the existing garage and building a larger garage with access off of Bluff Street. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variances and vacation would be a convenience to the applicant because the extent of the hardcover variances would be reduced. The lot does have unusual topography from the street and is impacted by the required setback from Bluff Street. Issues 1. 2. 3. 4. 5. 6. 7. The lot does not meet minimum lot area or lot width requirements. The existing garage is located within the required street yard setback. The existing deck encroaches into the required side yard adjacent to street setback. Th -• applicant has indicated that the deck needs to be replaced. The property is adjacent to Bluff Street which requires a 35' side yard adjacent to street setback. However, the City has not allowed these "fire lanes" to be used for access. The Planning Commission should discuss the need for a greater setback when these platted streets that are unopen do not function like a typical street. The existing situation exceeds hardcover requirements. The applicant is requesting a 1 O' vacation of Bluff Street which would add more lot area to the property but it would not eliminate any variances. The proposed garage exceeds 750 sq. ft. and requires a 15' setback from the property line. The applicant is proposing to use Bluff Street for access to the new garage. This is a change in how these fire lanes have historically functioned. STAFF RECOMMENDATION To review the issues and request vacation and variances with the applicant. #2iP5 Brent Benirott 1453 Park Drive July 20. 1998 page-' S