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05/16/11 PC Subject: #11-3505, Thomas & Martha McCune, 1473 Bay Ridge Road, Side Setback Variance Public Hearing Background In order to repair an ice dam issue with the existing roof the property owner would like to reconstruct the roof over the older portion of their home with a slightly steeper pitch. The resulting 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. Technically the increased roof height in the substandard setback is considered an expansion of an existing nonconformity; side yard setback variances are required in order to do the project as proposed. Side Yard Setback Variance The applicants' property is nonconforming with respect to area and width. The existing home does not meet the required 30-foot side setback on either side lot line. No additional living space is being proposed. The 2' 11" increase in height within the substandard side setback area will not encroach closer than the existing home to the properties on either side of the applicants' property. Updated Variance Analysis As the planning commission is aware, there have been multiple changes to law regarding how a municipality 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 statutory analysis of practical difficulties. While the current code directs staff, planning commission and the council to perform a "hardship" analysis; this application will actually be viewed consistent with the new practical difficulties analysis. 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 and will not alter the essential character of the neighborhood. Staff Recommendation Planning Staff recommends approval of the side setback variances in order to reconstruct the roof 16.7 feet on the south side lot line and 14 feet on the north. Tim �CCi�,�►G 157627v2