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#W Council 05/23/11 Item Description: #11-3505, Thomas & Martha McCune, 1473 Bay Ridge Road Side Yard Setback Variances Public Hearing Application Summary: The property owner would like to reconstruct the roof over the older portion of their home with a slightly steeper pitch to repair damage and prevent ice dams. The proposed increase in height would be an additional 2' 11" from the existing roof. The existing home does not meet the 30-foot side setback as required for principal structures within the LR-1A zoning district. A 16.7-foot setback exists on the south side of the home and a 14-foot setback exists on the north side of the home where 30-feet is required. Planning Commission Recommendation On May 16, 2011, the Planning Commission voted 6 —0 to recommend approval of the variances as requested. Updated Variance Analysis There have been multiple changes to law regarding how a City must review an application for a variance. The "undue hardship" analysis has been replaced with the "practical difficulties" analysis. Staff is currently working on updating the ordinance to ensure that it conforms to the new statutory analysis of practical difficulties. While the current code directs the council to perform a "hardship" analysis; this application will be viewed consistent with the new practical difficulties analysis. Staff Recommendation The applicants' variance request is reasonable and necessary in order to avoid additional damage to their property caused by ice dams. The proposed addition is a vertical expansion that will result in minimal additional massing of the house. No additional living space is being proposed and the applicants' request results in minimal negative impact of adjacent properties. Staff finds the location of the existing home creates a unique circumstance not created by the applicants and that granting the applicants' request is in harmony with the purpose and intent of the ordinance. Granting the applicants' request will not alter the essential character of the neighborhood. Therefore planning staff recommends approval of the side setback variances in order to reconstruct the roof as proposed. COUNCIL ACTION REQUESTED The City Council should open the public hearing and hear any comments from the public. The Council should consider approving or amending the attached draft resolution approving side yard setback variances. 0 5 ME,103)] mv"� q ---0 P&PI-14