06-18-2012 Planning Commission Packet

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' ;i �`�.r � �� . Date Application Received: 05/23/12 Date Application Considered as Complete: 05/23/12 60-Day Review Period Expires: 07/22/12 To: Chair Schoenzeit and Planning Commission Members Jessica Loftus,City Administrator From: Mike Gaffron,Asst.City Administrator Date: June 14, 2012 - Subject: 12-3558 Mark Duenow, 1525 Minnie Avenue � -After-the-fact variance-side setback -Public Hearing ----------------------------------------------------------------------------------- Zoning District: LR-1C, One Family Lakeshore Residential,0.5 acre/100' Lot Area: 7,205 s.f. (0.165 acre) � Lot Width: 50' � Application Summary: The applicant is requesting an after-the-fact side setback variance for construction of an enclosed porch located 7 feet from the side lot line where a 10 foot side setback is required. :4�_.:. Staff Recommendation: If Planning Commission determines that sufficient practical difficulty exists to support approval of the porch structure as it curr.ently exists, then a recommendation for approval of the side yard setback variance would be appropriate subject to conditions. . List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Survey- Existing as of May 2012 Exhibit D. Survey- 1989 with 2001 Deck Permit Approval (Prior Owner) Exhibit E. Proposed Building Plans Exhibit F. Hardcover Calculations � Exhibit G. Site&Aerial Photos � Exhibit H. Building Official Letter to Applicant-April 2012 Exhibit I. City Code Sections 78-350 and 78-1405 Exhibit J. Property Owners List Exhibit K. Plat Map Exhibit L. Neighbor Acknowledgement Form Pertinent Code Sections 78-350: LR-1C District Area, height, lot width and yard requirements 78-1405 Nonencroachments � � � Bac.kground � � � � � � ,., Applicant without obtaining the necessary building permit recently constructed an enclosed porch above a pre-existing deck that was located 7 feet from the side lot line, in line with the house also at that setback. Required side setback for a structure such as this in LR-1C is 10'. The pre-existing deck was at the main floor level and would have been allowed as close as 2 feet from the side lot line per Code Section 78-1405(3). Enclosure of the conforming deck to make it into a porch requires that the porch meet the 10'setback.