PCAgenda_94Mar28 - Laserfiche WebLink

Home Browse Search

02/23!94 17;23 $61E 337 5601 DSU, INC. r~004/005 wigerNariances 2/28194 3 • Although same area residents have indicated they do not object to the project and • encourage property improvements, there have been objections raised by some neighbors aver the encroachment into the rear yard, especially since the yards are tight now, and the proposed addrtian and garage are both two stories tail. Conclusion The cr'r#eria for considering variances in §9-15.03 Subd. 4 include consideration of the effect on property values and whether th®re is a hardship with the It~t in question ber:ause it is substantially different from other properties in the same zoning district. In our opinion, the significant encroachment on the rear yard would have a negative efliect on surround+ng properties, and we find that there are neighboring lots of similar size and shape which have not encroached tin the rear yards. The rear yard variance request is due to decisions by the owner and not to something inherent in the property, Also, the applicant needs to demonstrate that he cannot meet the ordnance standard without causing a hardship. It has not been shown that expanding the house td the south (where no variancrr would be needed) would create s hardship. The rear yard variance, therefore, is not justified. If expansion to the south is considered, there is as much lot area available Qn the side as there is for the praposed addition to the rear. In other words, there would be no penalty in square. footage for choosing to go south instead of west The attached sketch, Available Lot Area, shows that the proposed addition covers about 5~6 square feet of lot, when:as the available lot area to the South within the setbacks is almost 600 square feet There is also addrtional lot area within the setbacks to the north of the existing house -about 150 • square feet -that could be used as well.. The applicant says he has considered these options, but we are not convinced that a design professional has exhausted all the possibilities_ In our experience, the difficufiies cited by the applicant can usually be overcome by an experienced designee The side yard variance request far the garage is necessary to avoid a hardship, we believe, because a. two-mar garage of adequate width and depth can be considered a necessity in today's world. The effect on the side yard is less than the effect on the existing house if the new garage were to be located further south toward the house. The side yard variance, therefore, is justified. ATTACHMENTS: A -Location Map B -Property Owna~'s Statement C -Site Plan D -Available Lot Area •