05-20-2024 Planning Commission Packet

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Date Application Received: 04/17/2024 Date Application Considered as Complete: 04/19/2024 60-Day Review Period Expires: 06/18/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: May 20, 2024 Subject: #LA24-000023, Joanna Heinen o/b/o Kasey Lynn Jones, 884 Dakota Avenue Variances - Public Hearing Background The applicant is proposing to construct a new 528 square foot accessory building to be used as a detached garage. The proposed location of the garage does not meet the required 15-foot side and rear yard setbacks. The new accessory building is proposed to be 2.6 feet from the side property line and 10.5 feet from the rear property line. The applicant is requesting this location in order to preserve existing trees on the site. The proposed location of the accessory building requires variances from rear and side yard setbacks. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the property’s existing driveway placement, location of mature trees, and existing well as practical difficulties. The applicant has designed the new detached garage so that it utilizes the existing driveway configuration with the intent to preserve as many mature trees as possible. The homeowner is in need of additional covered parking and the proposed design utilizes existing hardcover and preserves 4 mature trees. Planning Staff Practical Difficulty Analysis: Staff acknowledges the proposed placement of the detached garage would preserve some existing trees on the site. However, the trees are not within any protected area and are permitted to be removed. As proposed, two trees are identified as “to be removed” under the current plan. The existence of mature trees on a property do not prevent a homeowner from abiding from the required setbacks. The property is able to accommodate the proposed 528 square foot accessory building on the site and abide by the required setback requirements. The LR-1A District requires 15-foot setbacks from the side and rear property line. Additionally, a 10-foot setback between buildings is required and at least 3 feet between a building and a well. The property is able to accommodate a compliant location for the accessory building. Staff does not find there is enough practical difficulties present to support the application for setback variances. LOT ANALYSIS WORKSHEET Section 78-305 – Accessory Building Setbacks: LR-1A District Required Proposed Accessory Building Front Yard 50’ 141’ Side Yard (East) 15’ 124’ Side Yard (West) 15’ 2.6’ Application Summary: The applicant is requesting rear and side yard variances for a new accessory building. Staff Recommendation: Planning Department Staff recommends denial as applied. 92 PC Exhibit A