2011 Planning Commission Packets

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Downing Garage Height Variance report December 7, 2011 Page 3 f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 4'10" height variance is the minimum variance needed to alleviate the practical difficulties since the garage is already built. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. The applicant has not finished the exterior of the accessory building. A new/modified building perm it for the as -built structure has not yet been approved by the Building Official. If a variance is granted, staff would recommend imposing conditions of deadlines for receiving Building Official plan approval for the as -built garage, issuance and payment for the modified building permit, along with a deadline for completing the exterior finish of the garage. Public Hearing: As with any requested variance, this application requires a public hearing. Staff mailed notices to all property owners within 350 feet of the applicant's property and a notice was published in the Sun Focus newspaper on Thursday, November 24, 2011. Staff received one phone call from the property owner of 8005 Woodlawn Drive on November 28, 2011. He is the neighbor immediately adjacent to the south. He is not in favor of allowing the applicant to disregard the city rules and exceed the height limit for the detached garage. The neighbor indicated that the applicant has also expanded the front garage without a permit, and there is still no finished exterior surface on the expanded area walls after at least 3 years. The neighbor has concerns about the overall maintenance of the property, particularly the several vehicles, trailers and farm equipment that are in the backyard and parking off the driveway in the grass.