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7. <br />9. <br />This lot does not meet the requirements of the zoning district for lot area or lot width. The <br />lot area is also not contiguous. The lot is further restrictedfor residential development by <br />the greater setback requirement from Lydiard Avenue. If access were providedfrom Kelly <br />Avenue, the minimum amount of hardcover for a 35'x 20' driveway is 700 sq. ft. This <br />leaves approximately 1,300 sq. ft. for a building footprint. Because of the proximity to the <br />lake, it may not be possible to construct a basement. Therefore, the maximum amount of <br />total floor area may be less than 1,600 sq. ft. if it were 2 stories in height. <br />The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The applicant has a purchase agreement for the property. As he is not the owner, he <br />does not have a substantial property right in the subject property. The property owners <br />are aware that the Council indicated that future variances would not be granted. <br />The granting of .such variance will not merely serv'e as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />As this is a vacant iot, there is not hardship to grant variances for setback and hardcover. <br />Issues <br />1. The lot was granted lot area and lot width variances in November 1997. <br />2. The property owners were informed that future variances would not be granted. <br />3. The Park Commission reviewed the proposed access from Lydiard Avenue <br />at their July 6,1998 meeting and recommended that the City not allow a curb <br />cut from the beach access. <br />4. The side yard adjacent to street setback for Lydiard Avenue is the same 35 ’ setback <br />as for Kelly Avenue. <br />5. Because of the 35' setback requirement for this property 700 sq. ft. of the allowed 2,008 <br />sq. ft, of hardcover would be used by driveway. This represents 35% of the allowed <br />hardcover being consumed by the driveway which reduces the size of the structure. <br />6. The Zoning Code provides that a lot may have a 1,500 sq. ft. footprint. The proposed <br />plan is '^lightly larger at 1,222 sq. ft. for the house and 440 sq. ft. for the garage. <br />STAFF RECOMMENDATION <br />To direct the applicant to redesign the house so that access is from Kelly Avenue and that the <br />footprint of the house not exceed 1,500 sq. ft. and the amount of proposed hardcover not exceed <br />2,008 sq. ft.