1999 Planning Commission Packets

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i i Leon Variance Planning Case No. 553-99 May i 9, '! 999 Page 3 f. Tdre va�iance would not be materially detrirnental to the purpose of thrs Title or to other p�operty in the same zone. The purpose of the Code with regard to setbacks is that living space shall maintain a greater setback from the property lines than an accessory building (shed or garage) which requires a five-foot setback; or a deck, which requires a tc�ro-foot setback. The rationale is that living space is a more intensive use. Appraving a reduced setback withoui suitable hardship would compramise ihe intent of the Code. g, The proposed variance will not iinpair an adequate supply of light and ai�� to adjacent property op substantially fncrease the congestion of the public sireets or increase the dange� of fiYe or endanger the public safety or substantially diminish or impair p�operty values within the neighborhood. A porch at the reduced side yard setback would probably not impair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish praperty values. According to the City Code, all of the preceding criteria shall be satisfied in order io justify the _-_,� granting of a variance. After much analysis, it appears to staffthat in this case there is no '.' hardship, unless the Planning Commission were to take into cor�sideration that the iot area is � suhstandard. (The lot is 75 feet wide by 122 feet deep, for an area of 9,150 square feet, substantiaiiy less than the required 11,000 square feet.) Ye� the width of the property--7S feet__ does comply with the Code, and it is a matter of property width, not depth or area, which is basis far this variance. Silver Lake Woods PUD: This lot was approved in 19�5 as part of the Silver Lake Woods 2nd Addition subdivision and in canjunetion with the Silver Lake Woads Planned Unit Development agreement. �Nhile density bonuses and reduciions in frontage requirernents were given to the development to allow for substandard lots, no mention is made in the documeniatioii about ailowance for reduced setbacks. Resident Comment: Staf�sent out the required public hearing notices to properties within 350 feet of 73 86 Parkview Terrace. The property owners to the north, Ken and Ann Stagg of 73 90 Parkview Terrace, who would be most affected by this request, have provided a letter in which they indicate their support for this request. �pteonse A. Direct staff to prepare a resolution approving a variance for a reduced sidemyard seiback to allow for the constnaction of a three-season porch five feet from the side property line. � , __ _ _ .