1998 Planning Commission Packets

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Overton Variance Planning Case No. 524 -98 May 14, 1998 Page 2 Analysis: The section of the City Code relating to setbacks was amended in 1996 by Ordinance 590. One of the provisions of this ordinance was to establish greater than customary front setbacks for existing homes on a block that are set back further than the typical 30 to 35 feet. Because of the larger lots common in some areas of the City, many homes were built significantly further back than was required. The ordinance was drafted to protect the uniformity of the block from being disrupted by a new home built closer to the street than those already in existence. Thus, the minimum setback in an area like this was changed to become the setback of the home on the block closest to the front property line. On this block of Woodale Drive, the minimum setback then becomes 54 feet. In comparison, the Overton's house is 56 feet from the front property line. The Overtons are not proposing a new home, but rather an addition to their existing home. For the Planning Commission to grant a variance, it must examine the criteria established in Section 1125.02, Subdivision 2 of the City Code, which relate to hardships. Specifically, a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties to the property owner. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. While staff has not researched this to any great extent, the applicable setback on this short block of Woodale Drive is not typical. Only four homes are on this block. On other streets where homes are set back greater than the minimum 30 feet, there is more of a random pattern to their placement which results in a setback fairly close to the 30 -foot minimum. Were this block any longer, it could be assumed that the applicable setback would be much less. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. Because a great majority of the homes in the City are built at or close to the minimum front setback, most homeowners would not have the opportunity to construct such an addition to the front of their house. However, for many homes located 56 feet from the front property line, this type of addition would be allowable, if and only if one or more homes on the same block were situated closer to the street than the subject property. Because only four homes make up this particular block, the homeowner is deprived of this ability.