07-12-2012 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION JULY 12, 2012 were maintained for utilities as well as a potential future street improvement. The City also granted the lot east of the Mercil property (3244 Twin Lake Road owned by Aleks and Norma Klidzejs) access over Mitchell Trail via a private driveway. The Planner reported that the Mercil's are requesting to build a garage on the south side of their house. Given the easement /right -of -way on the south, this side of the property is technically considered the front yard. A 30 -foot setback is required for the proposed garage to the edge of the public easement/right -of -way. The Planner noted that Variances are required for both placement of the garage in the front yard as well as for a front yard setback for the garage of less than 30 feet. The Planner indicated that the applicant has indicated that given the orientation of the house on the lot, the south side of the property feels like the back yard. The Planner again pointed out that under the Code, the south side of the property is defined as the front yard. The Planner stated that when considering variances, the City must find there are unique conditions that interfere with the reasonable use of the property and that the variances proposed are a reasonable use of the property. The Planner noted that his July 3'd report lists the unique conditions that the applicant has suggested that create practical difficulties in making a reasonable use of the property without the variances. The City Planner stated that he believes that the conditions are met to warrant the granting of the two Variances requested. Ile recommended approval of the Variances subject to conditions listed in his report. Tim Mercil, 3246 Twin Lake Road, reported that he purchased his property in 2002 and in 2006 he had the existing house torn down and built a new house. He pointed out that the City approved a building permit for the new house with the front door orientating toward the north. At that time his hope was to build a new garage some time in the future in what he considered to be his back yard (south side of the house). The City Planner again noted that the Zoning Ordinance defines the front yard as the frontage abutting public right -of -way, which in this case is the south side of the property. The Planner noted that it is not uncommon for houses to be oriented in such a way that the front door does not face the front yard of the property, i.e. corner lots. Duray asked the size of the proposed garage. Mercil replied that it was 40 feet by 24 feet, 960 square feet. The Code allowed up to 1,000 square feet without additional zoning approvals. Murphy asked how Mercil intended to access the new garage. Mercil reported that he would propose to access the new garage via Mitchell Trail. He also noted that his intention is to retain use of the driveway to -2-