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Eyler PC Repor� <br />i1�ay 7, �003 <br />Page 2 <br />As stated on the previous �age, the proposed request fulfy complies with th� Compr�hensive <br />Plan. The neighbarhood has many largle lots of this same size so the oversized garage <br />would not appear ioo large for the iot. The g�rage would not depreciate fihe are and in fact <br />wou3d b�°ing added value fo the property and woufd have a positive irr�pact fo the tax base. <br />While many homes in the area stiil have the original, srr�all garages, a growing number of <br />proper#ies in the area are making similar improvements. As for ciemonstrated need for such <br />a use, the Eyiers' lefter expresses in great detail their need. <br />Code Ir�consister�c�c <br />Subdivision 6 of Section 1106.04 lists ihe conditions under which a conditional use permit <br />can be issued. These are as foUows: <br />a. ihe accessory bui[ding must conform with Section 1103.06 and subdivision 1106.03(I} <br />of iflis iitle. <br />b. ihe combined square footage of all accessory buildings on one (1) iot cannot exceed <br />or�e thousand four hundred {1,400) �quare feet. <br />c. ihe buifdrng shall be designed and mainiained to provide a uniform appearance with <br />fhe dwelling unifi. <br />d. The width af the building cannot exceed fhirty-fve feei {35°). <br />e. The buifding shall be a permanenf structure. <br />f. Should the �ase for which the permif was granfed be changed, the permit shafl be <br />subject �o reconsiderafion, revocation or other action regulated by Section i 125.01 <br />of this Title. <br />ltem D s�ipufates that the garage not exceed 35 feet in widfh. C7ur assumptian is that th� <br />width fimitation was pufi in place to prevent an overiy-wide garage fronting �he street, ln fact, <br />until just recen�ly, the Code contained a provision which limited the number o� stal[s ai thrse. <br />With ihe uvidth limitation, the Commission felt �hat there was not reason to further regulate <br />fhe number of stalls. (Ord 664, adopted in 2000.) The Commission has interpreted fihafi a <br />garage more than 35 feet D�EP is however acceptable. <br />The attached siie pian shovvs ihe garages facing #he street. If the Eylers would agree to <br />rotate the garages 90 degrees so that the garage doors faced south, the Gode provision <br />would then be satisfied. I have asked ihe City,4ttorney if t#�e CUP could be granted in spiie <br />of fihe ir�cor�sistency, and his response was "No", fihe conditior�s articulated in the Code are <br />condi�ions that need to be satisfed ir� order to granfi the C�1P. The only way to vary irom the <br />conditio�� would be t� apply for and be granted � variance, provided ihere was sufficient <br />hardsl�ip to warrant such an approval. <br />