04-18-2012 - Laserfiche WebLink

Home Browse Search

Downing Garage Height Variance Report April 18, 2012 Page 2 In early October 2011, staff finally spoke with Mr. Downing and he submitted a drawing of the as-built garage showing the garage height at the midpoint was 15 feet 9 inches. At that time, staff informed him that he would need to either reduce the height of the garage or apply for a variance. Mr. Downing chose to apply for a variance. The pre-November 2009 Zoning Code pertaining to accessory building height is confusing and not clear in explaining exactly where to measure to determine the “height.” The previous code defined the height as: Building Height: Building height is to be measured from the average established curb level or from the average ground level at the building line, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, and to the mean distance of the highest gable on a pitched or hipped roof. The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner’s land. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that all of the following circumstances exist: a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code limits the height of buildings in order to maintain visual consistency throughout neighborhoods. Accessory buildings in particular have these limitations so they do not exceed the height of the house, and to limit the uses that could occur in a larger building. This garage is not taller than the house, and will provide more indoor storage for the applicant. b. The variance is consistent with the Comprehensive Plan. While the Comprehensive Plan does not specify design or size criteria for buildings, it does support improvements to and the maintenance of properties. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant owns many things that would be stored in a large garage. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. This property does not have any unique features other than it is a larger lot.