01-19-2016 Planning Commission Packet

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FILE#16ti3799 , January 13,2016 Page 6 of 8 c. The variance will not alter the essential character of the locality. Planning Cammission must make a recommendation as to whether the proposed covered deck addition will alter the character of the neighborhood. City Code 78-123 provides additionai parameters within which a variance may be granted as fo Ilows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 7he condition of having an accessory structure on propertles in the Crystal Bay neighborhood is common; the iocation af the existing accessory bullding and the shape of this Iot is very uncommon, but alternate locations for accessory buildings on the properly exist where greater ccmpiiance wlth code requirements is possible. 5. The conditions do not apply generally to other land or structures in the district in which the fand is located. The standards applicable to this property apply to all other property in the neighbarhood; the existing location of the buifding make it impossibie to expand while meeting the conditions imposed by the City ordinance. 6. The granting of the application is necessary for the preservatian and enjoyment of a substantial property right of the applicant. In the opinion of staff,the property rights of the owne�wilf not be dtminished if the variances are denied. 7. The g�anting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter, Granting of ti�e variances would not impair heaFth, safety, comfort or morals but might not be in keeping with the intent of the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable di�culty. In the opinion of staff,granting of the variances may solve a practical difficulty, but might be construed as a convenfence to the applicant. The Commission may recommend and the Cauncil may impose conditions in granting of variances. Any conditfons imposed must be directiy related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Front/Street Setback Yariances The location of the existing accessory building is nearer the street than most other principal bu�ldings in the immediate neighborhood. Additionally, its distance from and somewhat lack of a visual connection to the principal residence it serves, makes it unique. Perhaps the strongest aspect of it, is its decades-ofd character as a fixture in the Crystal Bay neighborhood. The structure is apparently not the primary garage serving the residence, and expanding it to the side and rear with a covered porch should have no perceived impact on traffc or safety in the neighborhood. Slde Setback Variance Extending the covered deck northward at the same 4-foot setback as the existing structure is not in keeping with the Zoning Code requirements for expansion of an existing non-conforming structure. The 4-foot setback coupled with the proposed 1.5-foot overhangs results in an additional 15 feet of eave dripline less than 3 feet fram the neighboring property to the west. From a practical standpoint, it may be appropriate to require gutters so that runofF can be directed away from the adjoining property.