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8027 Woodlawn Drive Variance Appeal Report March 12, 2012 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 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 permit 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. December 7, 2011 Planning Commission meeting result: The Planning Commission discussed this case at length, three neighbors commented, and the Commission ultimately denied the variance by a 6-1 vote. Commissioner Schiltgen voted against the denial because he felt it was understandable for Mr. Downing to not know that the City Code regarding garage height limit changed during the construction, and the garage he built was based on the height requirements in place when his building permit was issued. None of the neighbors that commented at the meeting have a problem with the garage itself, but they feel that Mr. Downing should have to follow the City Code rules. Per the Zoning Code, Mr. Downing had 60 days to appeal the Planning Commission’s denial to the City Council, and opted to do that with a written request submitted to the City on February 3, 2012. The appeal is a public hearing and notices again went out to all property owners within 350 feet of 8027 Woodlawn Drive. Staff received one email on March 3, 2012 from Marlene & John Huyck at 2508 Sherwood stating that they have no objection to the height of the garage. Mayor Flaherty received a phone call on March 5, 2012 from a resident stating that he had no problems with the garage height.