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Gregory Variance July 7, 1999 Page 3 As the applicants have shown in the site plan, the extent of the setback non-conformity would increase by four feet. If the garage was constructed to be in compliance with setback requirements, it would need to be relocated to the back yard behind the house and take access from Silver Lake Road, options unacceptable to the applicant for obvious reasons. In terms of whether the variance requested is the minimum to alleviate the hardship, staff would recommend that the garage be reconstructed using the established 15-foot setback, which would cause the garage to shift four feet to the west. From the site plan, it appears that there is sufficient room on the lot to accomplish this without causing any access issues to the garage itself. From Staff's perspective, 15 feet--not 19 feet, is the minimum variance to alleviate the hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The purpose of the variance provision in the Code is to give relief to property owners seeking to improve their properties yet are unable to do so because of zoning code requirements and factors beyond their control. Granting this variance for additional garage space would not be materially detrimental to the purpose of this Title or to other property in the same zone. • g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood A 672 square foot garage at the reduced side yard setback would notimpair a supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. According to the City Code, all of the preceding criteria shall be satisfied in order to justify the granting of a valiance. It appears to staff that in this case a hardship does exist, and as such, if the Planning Commission were to concur, a variance could be granted to allow the applicants to construct a new garage fifteen feet from the property line abutting Silver Lake Road. Recommendation: If it is the Commission's desire to approve a variance for Michael and Christine Gregory to allow a fifteen-foot setback for a 672 square-foot garage at 2801 Woodale Drive, staff has prepared Resolution No. 579-99 to accomplish this. C-'+�.4,G1 ►" tiles. James Ericson, Planning Associate • N:\DATA\GROUPS\COMDEV\DEVCASES\561-99\GREGORY.PC1