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Dowfaiaag Garage helghz <br />April 13, 2012 Variance Repor<' <br />Page 2 <br />In early October 2011, staff finally spoke with Mr. Downing and he submitted a drawing <br />In earl/ garage showing the <br />staff informed him that he would garage <br />height <br />oheitheh educe the height e midpoint was 15 f the9 aches. °f the <br />variance. Mr. Downing chose to a At that time, <br />apply for a variance. garage or apply for a <br />The pre -November 2009 Zonin <br />not clear in explaining exactly where to pertaining to accessory <br />defined the height as: measure to determine then "height." height aprevious height." The confusing and <br />previous code <br />Building Height: Building <br />level or from the aversground height is level be measured from the average established curb <br />of the cornice of a flat roof, to thedeck lin ohe bauildin line g <br />of the highest g ' whichever is higher, to the top <br />gable on a pitched or hi mansard roof, and to the <br />hipped roof. mean distance <br />The Zoning Code states that the Planning <br />to the landowner in those cases where ng commission ode imposes ma <br />owner in the use of theY issue a variance ties o provide relief <br />statutes t property owner's land. This is trueforvcal daririance requests. <br />quire that the governing bort the pCOpedY <br />and make its decision in accordance with these criteria. These criteria are set forth in <br />y review a set of specified criteria for each a State <br />1125.02, Subdivision 2, of the City Code, application <br />of the following circumstances exist: A variance may be granted only in the event that a# <br />a• The variance is in harmony with the general purposes and intent of these regulations. <br />The zoning code limits the height of buildings in order to maintain visual consist <br />throughout neighborhoods. <br />ency <br />they do not exceed the height of they buildings in <br />larger buildin particular have these limitations so <br />g• This and to limit the uses that could occur in a <br />storage for thea garage is not taller than the house, ,and will provide more indoor <br />b. The variance is consistent with the Comprehensive P/an. <br />While the Comprehensive Plan does not specify design or size criteria for buildings, <br />does support improvements to and the maintenance of properties. <br />C. Thea it <br />applicant proposes to use the property in a reasonable this Title or the City Code. <br />manner not permitted by <br />The applicant owns many things that would be stored in a large g <br />d. Unique circumstances a g garage. <br />same zone apply to the properly from which do not a <br />circumstances over,whrch the owand ner of the %t size or apply to otherproperties <br />sha e, p pertres in the <br />has had no control The uh propeny since the enactmenthof this Title <br />applicant. unique circumstances do not result from the actions of the <br />This property does not have any unique features other than it is a larger lot. <br />