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• Item 1 2/24/92 ITEM: Request for a variance from section 9 - 2.04 (1)(c) of the zoning code SUBMITTED BY: Mr. Raymond Kinney, Property Owner REVIEWED BY: Susan Hoyt, Administrator acting as planner EXPLANATION/DESCRIPTION: Mr. Kinney is requesting a 1/2 foot side yard variance to construct a new garage, 21 ft. by 22 ft., partially on the site of the existing one car garage. The variance is necessary because the new garage will be located 4 1/2 feet from the side lot line like the existing garage, rather than 5 feet as the code requires. Placing the new garage 5 feet from the side lot line would require relocating a six foot cedar fence on the current property and landscaping the place where the old garage pad was located. If the new garage did not require removing and replacing the concrete pad of the existing garage, a variance would not be necessary. If the proposed garage was within the rear 20$ (back 24 feet) of the rear yard, the garage would not require a variance because the code would allow it to be within 1 foot of the side lot line. However, approximately 10 feet of the new garage will be outside the 20~ of the rear yard to maintain clear access into the garage from the alley. Mr. Kinney spoke to his neighbors regarding his variance request. The neighbors express no objection to the request. Mr. MacKenzie, the neighbor to the east whose property is most affected by the variance, anticipates making a similar request later this spring. If granted, the variance will not detract from the property because the new garage will be located in the same position from the side lot line as the current garage, which is parallel to the neighbor's garage. Therefore, the rear yard open space and views from the two dwellings are not impaired by the proposal. And, the variance provides for a two car garage without requiring relandscaping the property owner's rear yard. RECOMMENDATION: The variance request meets the requirements of 9 -15.03 [4] of the zoning code. Of particular note is 15.03 [4](b), it will not substantially diminish or impair property values in the area and 15.03 [4](c) it is necessary for the preservation and enjoyment of substantial property rights. ATTACHMENTS: A - Procedure B - Property C - Site plan D - SECTION 9 E - SECTION 9 for granting a variance owner's explanation of variance request for 1447 West Idaho - 2.04[1](C) of the zoning code - 15.03 [4] of the zoning code