01-19-2016 Planning Commission Packet

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FILE�1B-3801 , January 11,2016 Page 4 of 5 6. The granting of the application is necessary tor the preservation and enjoyment of a substantial property right of the applicant. Having a garage in Minnesota is generally necessary for the preservatlon and enjoyment of a substarrtial property right. 7. The granting of the proposed variance will not in any way impair heaSth,safety, comfort or morals,or in a�y other respect be contrary to the intent of this chapter.Granting of the variances woulcf not Impalr health,safety,comfort or morals and would be in keeping with the lr�tent 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 difficulty. In the opinion of stafF, having a garage is not merely a convenience,and granting af the varlances will solve a practical difficulty. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be ciirectly related to and must bear a rough proportionality to the impact created by the variance. Mo variance shall be granted or changed beyond the use permitted in this chapter in the district v�here such land ls located. Front/Street Setback Variances The triangular shape of the lot coupled witn tne location and orientat�on of the existing residence and its deck, create practical dlfflculties for siting a detached garage an the property. Pushing the proposed garage further north (in an attempt to reduce or eliminate the variance for an accessory structure nearer the road tfian the principal structure) necessarily forces it to move neare� the hfluse and anto the deck area in order to maintain the required 15' side street setback. Removing the deck and attaching the garage would likely resuit in significant changes to the house and is not the desire of the applicant. Aiternatively, locating the detached garage less than 15' from Shadywood Road is also not desirable and wouid not be supported by staff. See Exhibit G, sketches illustrating the difficulties with other site locations for the garage. At 20' x 20' the detached garage is generally as small as a 2-stall garage can be while still being functional. A review of the immediate Livingston Avenue neighborhood indicates that while a majority of cfetached garages are located in rear or side yards, a variance was granted in 2002 for a detached garage in front of the house for the property to the immediate west at 3422 Livingston. In that case the 30'front setback was able ta be met. The proposed 25-foot street setback and 20' wide driveway will allow for parking of at least two vehicles in the driveway without encroaching into the right-of-way. Structure-to-Structure Setback Variance The proposed garage will be approximately 8 feet from the platform of the existing open deck on the property, and about 5 feet from the edge of the steps. The intent of the 10-foot separation requErement is two-fold: 1) to reduce the visual density of a site, and 2) to allow for access between structures. Because the deck is open and extends from the main floor, the visual impact of the proposed garage should be relatfvely minimal. Access to the rear of the lot should still be feasible around the east side of the lot. Analysls Whether the character of the netghborhood wi11 change if a detached garage is added to this site as proposed is a subjective question for the Planning Commission to consider. The applicant has �ery few options for revising the plan. Making the garage narrower, for instance as a 1-stalf or 1- 1/2 stall conflguration, wot�ld allow it to move further back on the site without encroaching the side stree# setback. However, that likely would force it closer to the deck, and would decrease