07-18-2016 Planning Commission Packet

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FILE#16-3846 , July 13,2016 Page 4 of 5 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions apply to many other corner 100' wide lots in the Crystal Bay neighborhood which as a result of the required setbacks would have only a 20' wide buildable envelope under RR-16 standards; but do not apply to a majority of lots within the RR-16 district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing hardcover and structure are considered to be nonconforming but became so when the Shoreland standards were adopted in 1992. The applicant has the right to retain and maintain the existing deck and patio. However, approval of variances will allow for additional storage below the deck without having increasing any impact on hardcover or runoff from the site. The proposed roof over the deck is anticipated to provide greater livability without any new impacts on hardcover or runoff,and minimal if any impacts on the visual character of the neighborhood. 11. The granting of the proposed variance 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 variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location of the existing home and deck in relation to the creek is a practical difficulty, as adherence to the setback requirements for structure and hardcover would disallow the intended upgrades and merely allow replacement in kind of the existing deteriorating deck. The Planning Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly 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. Variance Analysis Staff has approached this application from the standpoint that construction of additions which would expand the footprint of this residence in the 0-75' setback, or which would increase hardcover within the 75' zone, would not be supportable. However, the applicants are proposing to essentially replace the existing deck in its existing footprint, add a roof over it, create enclosed storage under it, and not increase hardcover from the existing levels. Existing and proposed hardcover at just under 16% is well below the 25% threshold for the site, and no additional hardcover is being added in the 0-75' zone, so runofffrom the site is not expected to increase. The only new structure footprint proposed is the 4' extension of the deck southward and the stairway leading to the driveway. This constitutes 46 s.f. of added structural hardcover in the 0- 75' zone,while overall structural coverage on the lot will still be at only 5.5%, well below the 15% limit. The proposed roof over the reconfigured deck would appear to provide functionality while enhancing the architectural styling of the existing residence. Because the proposed deck roof is well below the 30' height limit, it is not expected to be visually intrusive from off-site. Staff believes the character of the neighborhood will not change if the variances are granted. Lots in the Swan Lake Addition (subdivided in 1959) which borders the creek, including homes on Leaf Street and Cygnet Place, are typically %-1 acre in size. This area was developed prior to the current 2-acre zoning. The dam that created a pond from what was initially a narrow creek, was