2015 Planning Commission Packets

Home Browse Search

Planning Case VR2015-008 October 7, 2015 Staff Report Page 2 Variance Criteria Review: 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 requires minimum structure setbacks for aesthetics and to provide separation and some sense of privacy between neighbors. The variance will not bring the addition and garage any closer to the property line than what is already allowed for the garage. Aesthetically and structurally it makes more sense to have the second floor living area be the same width as the space below. The non -conformity of the front setback will only increase by the added square footage, not by lessor of a setback. The addition will match the current front setback of the house. The existing garage also has a non -conforming front setback, but it is slightly further back than the house. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not specify setback criteria or non -conformities, but it does support improvements to properties and maintaining the housing stock values. This addition would be an improvement in the livability and functionality of this home, along with increased curb appeal and property value. C. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicants want to improve their property with a two -car garage and additional living space. Because of the constraints of the setbacks and the narrow width of the lot, it's very difficult to construct any additions on this property without a variance. d. Unique circumstances apply to the property which do not apply to other properties 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. This property was subdivided in such a way that created a narrow lot corner lot, and the house was built with two non -conforming front setbacks. These issues make it difficult to add more square footage to the small house. The applicants purchased the property as -is and did not cause the unique circumstances.