12/13/2000 P&Z Packet - Laserfiche WebLink

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• AGENDA ITEM V B • STAFF ORIGINATOR: Mary Kay Wyland MEETING DATE: December 13, 2000 TOPIC: Marvin Emly, 590 62nd Street, Variance DESCRIPTION: Mr. Marvin Emly is requesting permission to construct a 28 x 32 accessory building on his property at 590 62nd Street. The property is Zoned Rural and consists of 10 acres on the south side of 62nd Street containing his home and four (4) accessory buildings. One of these buildings was damaged in a storm this past summer and must be removed. Mr. Emly would like to replace it with the 28 x 32 building, however, the Zoning Ordinance allows only three accessory buildings on a parcel of property between 10 and 20 acres in size. Property exceeding 20 acres in size has no maximum size requirement or limit on number of buildings. Mr. Emly also owns 10 acres on the north side of 62nd Street. This property is a separate tax parcel and staff has determined it can not be added to his 10 acres on the south side to equal 20 and qualify for unlimited number of accessory buildings under that section of the ordinance. Additionally, Section 3, Sub. 2. B. 4 provides "Whenever a non - conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is seventy-five percent (75 %) or more of its fair market value in which case the reconstruction shall be for a use in accordance with the provisions of this ordinance." Mr. Emly would be well within the total square footage allowed by the Ordinance of 5,000 square feet as his accessory buildings would total only 2,960. However, he will need two variances for the proposed construction to be approved. One variance from the number of buildings and one from the section of the Ordinance pertaining to nonconforming structures. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner.