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Item #6 4 REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: October 2, 1996 Staff Report by: Pamela Sheldon, Community Development Director 9Y-. Planning Case 458-96 File No.: Request: The applicant is requesting a variance in the building setback between a residence and a detached garage from the required six feet to three feet Petitioner: Vic& Son Construction on behalf of property owners Terry and Anne Jacobson Location: 7090 Knollwood Drive PIN No. 07-30-23-34-0012 Zoning Land Use: The property is currently zoned R-1, Single Family Residential 41110 Applicable Regulations: Section 1106.03, Subd lc., requires accessory buildings to be six feet (6') or more from any other building or structure on the same lot. Section 503.3 of the Uniform Building Code states that for the purpose of determining the required wall and opening protection, buildings on the same property shall be assumed to have a property line between them. When a new building is erected on the same property as an existing building, the distances from the assumed property line is used to determine if walls in either the existing or the new building must be fire rated. For single family homes and detached garages, walls within 3 feet of the assumed property line must be fire rated. Section 1125.02 states the criteria for review of variances as follows: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. . b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. 1111 c. That the special conditions or circumstances do not result from the actions of the applicant.