2015 Planning Commission Packets

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5405 Quincy Street CUP & VR Request August 19, 2015 Page 3 The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner's land. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that all of the following circumstances exist: a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code has a maximum width for oversize garages (over 952 square feet) for aesthetics, but does not have a width limit for garages that are less than 952 square feet. The property owner would place the garage with the narrower side as the front if it would fit on the lot. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not specify criteria for building size or aesthetics, but it does support improvements to properties. C. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The property owner must replace the damaged garage, and needs more garage space to park vehicles and for storage. The garage itself is allowed as a conditional use, it only has to be turned sideways in order to meet setback requirements. d. Unique circumstances apply to the property which do not apply to otherproperties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. Typically a large garage will always be placed on the lot with the narrower side as the front. Since this is a corner lot, and it does not meet the required minimum dimensions of at least 100 feet by 100 feet, it makes it difficult to place accessory structures on the property and meet all City Code requirements. e. The variance does not alter the essential character of the neighborhood The applicant's neighborhood consists of a variety of lot sizes and is quite wooded. The new garage will be wider facing Bronson Drive than the existing garage, and only a few feet of the garage will be visible from the Quincy Street side.