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04-18-2012
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04-18-2012
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8/30/2018 7:45:22 AM
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MV City Council
City Council Document Type
City Council Packets
Date
4/18/2012
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Downing Garage Height Variance Report <br />April 18, 2012 <br />Page 3 <br /> <br /> <br />e. The variance does not alter the essential character of the neighborhood. <br /> <br />The applicant’s neighborhood consists of large, almost one acre size lots, and the <br />applicant has a 2-story house, so the height and roof pitch of the garage is compatible <br />with the house, and the overall garage size does not feel overwhelming to the property or <br />the neighborhood. The second garage is behind the front line of both adjacent neighbor’s <br />home and garage. <br /> <br />f. The variance requested is the minimum variance which would alleviate the practical <br />difficulties. Economic conditions alone do not constitute practical difficulties. <br /> <br />The 9 inch height variance is the minimum variance needed to alleviate the practical <br />difficulties since the garage is already built. <br /> <br />g. The Planning Commission may impose such conditions upon the premises benefited by <br />a variance as may be necessary to comply with the standards established by this Title <br />or to reduce or minimize the effect of such variance upon other properties in the <br />neighborhood, and to better carry out the intent of the variance. The condition must be <br />directly related to and must bear a rough proportionality to the impact created by the <br />variance. <br /> <br />The applicant has not finished the exterior of the accessory building. A new/modified <br />building permit for the as-built structure has not yet been approved by the Building <br />Official. If a variance is granted, staff would recommend imposing conditions of <br />deadlines for receiving Building Official plan approval for the as-built garage, issuance <br />and payment for the modified building permit, along with a deadline for completing the <br />exterior finish of the garage. <br /> <br /> <br />Public Hearing: <br /> <br />As with any requested variance, this application requires a public hearing. Staff again mailed <br />notices to all property owners within 350 feet of the applicant’s property and a notice was <br />published in the Sun Focus newspaper on Thursday, April 5, 2012. Staff received one phone <br />call from the property owner of 2442 Sherwood Road on April 5, 2011. He is in favor of <br />allowing the applicant to leave the garage as is. <br /> <br />Several neighbors have spoken at the previous Planning Commission and City Council <br />meetings about this case. Most of them have no problem with the garage itself, but a few felt <br />that Mr. Downing should have followed the City rules.
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