11/09/2016 P&Z Packet - Laserfiche WebLink

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LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear lot lines. PRINCIPAL USE. The primary or predominant use of any lot and/or building. STRUCTURE. Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Building Permit Application and Construction J. Hempel Services, LLC submitted a building permit application for the porch addition and deck on August 15, 2016. The application included construction plans, site plans and property survey. The permit was issued on September 19, 2016 with written staff comments noting the required setbacks and stating the property corner markers shall be exposed. On September 30, 2016, staff failed the footing inspection because the property corners were not located and exposed. Staff also had concerns the 30 foot rear setback was being encroached. It should be noted the sidewalls and roof were already constructed (see attached photos). J. Hempel hired Premier Land Surveying, LLC to locate the property corners, measure the setbacks and draft a certificate of survey. The survey was completed on October 21, 2016 and indicated the northeast corner of the porch is only 28.71 feet from the rear property line; therefore encroaching into the setback 1.29 feet. Options Option 1: Remove 1.29 feet of the constructed porch. Option 2: Approve a variance. Findings of Fact No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-IX, Single Family Executive Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. Approving the variance request for a rear setback encroachment for a porch addition does not pose a threat to the health, safety or general welfare of the single family neighborhood. The nearest structure is an attached garage on the neighboring property to the east. 2. The variance shall be consistent with the comprehensive plan. 3