request for council action/variance denial

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This lot does not meet the requirements of the zoning district for lot area or lot width. The lot area is also not contiguous. The lot is further restricted for residential development by the greater setback requirement from Lydiard Avenue. If access were provided from Kelly Avenue, the minimum amount of hardcover for a 35'x 20'driveway is 700 sq.ft. This leaves approximately 1,300 sq.ft.for a buidding footprint. Because of the prozimity to the lake, it may not be possible to construct a basement. Therefore, the maximum amount of total floor area may be less than 2,600 sq.ft. if it were 2 stories in height. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a purchase agreement for the properry. As he is not the owner, he does not have a substantial properry right in the subject property. The properiy owners are aware that the Council indicated that future variances would not be granted. 9. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hazdship or difficulty. As this is a vacant lot, there is not hardship to grant variances for setback and hardcover. Issues 1. The lot was granted lot azea and lot width variances in November 1997. 2. The property ovvners were informed that future variances would not be granted. 3. The Park Commission reviewed the proposed access from Lydiard Avenue at their July 6, 1998 meeting and recommended that the City not allow a curb cut from the beach access. 4. The side yazd adjacent to street setback for Lydiard Avenue is the same 35' setback as for Kelly Avenue. 5. Because of the 35' setback requirement for this property 700 sq. ft. of the allowed 2,008 sq. ft. of hardcover would be used by driveway. This represents 35%of the allowed hardcover being consumed by the driveway which reduces the size of the structure. 6. The Zoning Code provides that a lot may have a 1,500 sq. ft. footprint. The proposed plan is slightly larger at 1,222 sq. ft. for the house and 440 sq. ft. for the garage. STAFF RECOMMENDATION To direct the applicant to redesign the house so that access is from Kelly Avenue and that the footprint of the house not exceed 1,500 sq. ft. and the amount of proposed hazdcover not exceed 2,008 sq. ft.