Laserfiche WebLink
V. ALTERNATIVE ACTIONS FOR CONSIDERATION <br /> A. Grant all necessary variances for the garage as built <br /> of 988 square feet and lift the stop work order <br /> 1. Necessary variances and possible conditions <br /> All necessary variances may be granted for the current <br /> configuration of the garage and driveway. This <br /> requires a variance of four feet in the required <br /> rearyard and three feet in the required sideyard <br /> setback of five feet. (Chapter 9, Section 2.04, <br /> Subdivision 1(c) of the city code.) And it requires a <br /> variance in the lot coverage of detached accessory <br /> structures from 40% of the required rear yard or 600 <br /> square feet to 65% of the required rear yard or 988 <br /> square feet. (Chapter 9, Subdivision 2.04, Section <br /> 2(b) of the city code.) A third variance in the number <br /> of off street parking places from a maximum of four to <br /> five or more may be required (Chapter 9, Section 4.01, <br /> Subdivision 5(e) of the city code.) <br /> Conditions may be attached to a variance to ensure <br /> compliance to the code and to ameliorate the impact of <br /> the variance on adjacent properties. These conditions <br /> must be reasonable and enforceable. It is not <br /> advisable to grant a variance with conditions that <br /> diminish the usefulness of the property (as permitted <br /> in an R -1 zone) to the property owner. <br /> 2. City Attorney's Opinion <br /> The city attorney's opinion is that the city has <br /> authority to grant these variances only if all <br /> standards and criteria for a variance in the city's <br /> ordinance are met. There is one standard that causes <br /> particular concern. City ordinance chapter 9, section <br /> 15.03, subdivision 4(b) provides that a variance may be <br /> granted only if "the granting of the variance will not <br /> substantially diminish or impair property values or <br /> improvements in the area As of the time of writing <br /> of this memorandum, the city is in receipt of a letter <br /> dated December 3, 1992, addressed to Mrs. Helen King <br /> from Appraisal Research Associates, Ltd. and signed by <br /> William H. Cushman, MAI, Certified Federal General <br /> Appraiser. The letter opines "after viewing your <br /> property and the adjacent owner's new garage, it is <br /> apparent that this garage, by its size, has reduces the <br /> value of your property and probably the property to the <br /> west. I have not made an appraisal of your <br /> property, but it would appear that your property has <br /> 6 <br />