02-16-2016 Planning Commission Packet

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FILE#18-3799 , February 11,2016 Page 4 of 6 c. The variance will not alter the essential character of the locality. Planning Commission must make a recornmendation as to whetF�er the proposed covered deck addition will alter the character of the neighborhood. City Cade 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure ar land in question are peculiar to such property ar immediatety adjoining property. The conditiort ef having an accessory structure on properties in the Crystal Bay neighborhoad is common; the location of the existing accessory butlding and the shape of this lot is very uncommon, but alternate locations fo� accessory buildings on the p�aperty exist where greater compliance with code requirements is possibte. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; tfie existing location of the building make it imposslble to expand whi[e meetirtg the condlttons Imposed by the Clty ordinance. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. En the opinion of staff,the property rights af the owner wlll not be diminished if the variances are denied. 7. The granting of the propased variances will not in any way impair hea{th, safety, comfart or moraEs, or in any other respect be cantrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort ar morais 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 demonstrabfe difficufty. In the opinien of staff,granting of the variances may solve a practical difftculty, but mlght be construed as a convenience ta the applicant. The Commission may recommend and the Council may im�ose conditions ;r. gra^ting o' variances. Any condi:ions irrposed mus' be d'.rEc��;! :elated to ane n�s� bear a rough proport'onality 7a ihe impaci created by �he va-iance. f�o variance sh�ll te granted or ch.ange� beyond the us�permitted in.his ch�F•.zt in the�isiric:where suc�i land is Iccated. Front/Street Setback Variances 'fhe lacatfon of the existing accessory building is nearer the street than most other principal buildings in the immediate netghborhood. Additionally, its distance fram anci sornewhat lack of a visuai connection to the principal residence it serves, makes it unique. Perhaps the strongest aspect of it, is its decades-old character as a fixture in the Crystal Bay neighborhoad. The structure is apparently not the primary garage serving the residence,and expanding it to the rear with a covered porch should have no perceived impact on traffic or safety in the neEghborhood. Side Setback Variance Extending the covered deck northward at the same 4-foot setback as the exfsting structure is not in keeping with the Zaning Code requirements for expansion of an existing non-conforming structure. The 4-foot setback coupled with the propnsed 1.5-foot overhangs results in an additionaE 10 feet of eave dripline less than 3 feet from 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.