07-25-2012 Council Agenda - Laserfiche WebLink

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In this case, the applicant suggests that the following unique conditions create the practical difficulties: • The configuration of the lot in which the front door faces the technical rear yard, and therefore the legal front yard functions as a back yard for the resident -- creates a situation where maintaining a garage in the actual backyard, while meeting the code requirement, create inconveniences for the applicant. • These inconveniences include the negative visual impact the existing garage creates, in facing the front end of the house, and the need for a road easement past the neighbors back lot line in order to have parking access to the existing garage on this land locked parcel • The required 30 foot front yard setback for buildings can't be achieved on this property because the house is located directly behind the proposed garage location, and a minimum six foot separation must be maintained between the two structures. As a result, the farthest distance back from the road the garage can be located is at about 27 feet from the edge of the Mitchell Trail right of way. • Because the garage location is located between the house and the right of way line, the proposal is also inconsistent with the requirement that detached accessory buildings not be located in front of principal buildings. (This requirement does not apply to attached garages built on to the front of a single family home, since the ordinance defines attached garages as a part of the principal building). The principal issue for the City will be whether the proposed location constitutes use of the property in a reasonable manner. Apart from the apparent usefulness of a garage in what normally functions as the applicant's back yard (despite being legally classified as the front yard), the proposed garage otherwise appears to be up to Code. The design meets basic side yard setbacks, building height requirements, adjacent structure setbacks, and floor area requirements. In addition, the applicant's neighbors to the west also have a garage facing Mitchell Trail, and a drive is already established so they can access their own garage. The proposed garage will be able to share this existing drive (subject to a the need fora common maintenance agreement), and should not create any negative visual impacts on the road given the similar garage orientation of the neighboring residence. Summary and Recommendation The applicant has requested a variance to permit the construction of a new garage in his front yard, and to allow a reduced setback between the street right -of -way and the front building line of the garage. There appear to be unique conditions on the property that would justify consideration of these variances, provided the City finds that the proposed location uses the property in a reasonable manner. 2 15