08-15-2016 Planning Commission Packet

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, FILE#16-3851 9 Aug 2016 Page 5 of 5 Septic System Status The property is served by city sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that the nonconforming location of the garage constitutes a practical difficulty with respect to making any improvements or changing the footprint.The proximity of the house to the garage further limits options. The encroachment of a corner of the garage by one foot into the separation distance is minimal and does not appear to be impactful as a full wall encroachment from a crowding standpoint. Public Comments The public comments received are included as Exhibit I. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission recommends approval of the variances as requested. Staff would also suggest the applicant be requested to enter into the OAS covenant which states: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided,the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property.