02-16-2016 Planning Commission Packet

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FILE#16-3799 . January 13,201fi Page 6 of B c. The variance wiil not alter the essential character of the locaiity. Pfanning Commission must make a recommendation as ta whether the proposed covered deck additton wlll alter the character of the nelghborhood. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions appiying to the structure or land in question are peculiar to such property or immediately adjoining property. The condition of having an aaessory structure on properttes in the Crystal Bay neighborhood ts common; the location of the existing accessory building and the shape of this lot is very uncommon, but alternate locations for accessory buildings on the prvperty exist where greater compliance with code requirements is possible. 5. The conditions do not apply generally to other iand or structures in the district in which the land is iocated. The standards applicable to this property apply to all other property in the neighborhood; the existing location of the building make it impossible to expand whlle meeting the conditlons 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. !n the opinion of staff,the property rlghts of the owner will nat be diminished if the variances are denled. 7. The granting 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 the varlances would not impair health, safety, comfort or morals but might not be in keeping with the lnte�t 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,granting of the va�iances may solve a practEcal difficulty, but might be construed as a convenience to the applicant. The Commission may recorrtmend and the Council may impose condiYions in granting o� variances. Any condi�ions imposed must b2 directly rela�ed 'io and musi bear a rough proportionalfry to �he impact crea�ed by the variance. No �ariance shali be gran•�ed or changed beyond the usa permitted in xhis chapte�in•�he dis�ric'�vuh2re such kand is located. Frorrt/Street Setback Variances The location of the existing accessory building is nearer the street than most other principal buildings in the immediate neighbarhood. Additionally, its distance fram and somewhat lack of a visual connection to the principal residence it serves, makes it unique. Perhaps the strongest aspect af it, is its decades-old character as a fixture in the Crystal Bay neighborhood. The strttcture is ap�aarently not the prlmary garage serving the residence, and expand9ng it to the side and rear with a covered porch should have no perceived impart on traffic or safety in the neighborhood. Side Setback Variance Extending the covered deck narthward 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 from the neighboring praperty to the west. From a p�actical standpoint, it may be appropriate to require gutters so that runoff can be directed away from the adjoining properiy.