07-10-2019 PC Packet - Laserfiche WebLink

Home Browse Search

Item 05A Page 2 of 11 The existing shed will be removed, once the garage is built. The existing deck on the side of the house is located in a front yard, and does not count toward the maximum accessory building area permitted in a rear yard. City Code, Section 1125.02, Subd 2 establishes the criteria for granting a Variance. Staff’s detailed analysis is included in the Resolution. In summary, it is reasonable for every home in an R-1 district to have at least a two-car garage.2 Additionally, it is reasonable for the proposed garage to match the setback of the existing house. If the garage had a 30’ setback, it would decrease the usable area of the rear yard lawn. In 2015, the Commission approved a similar Variance on a corner lot, in which a proposed detached garage would match the setback of the house (20’) (Planning Case VR2015-008). Summary The applicant wishes to build a two-car garage and breezeway (Accessory Buildings), consisting of 26% in area of the rear yard, whereas 20% is the maximum permitted. The proposed garage will be set back the same as the house (22’), whereas a minimum of 30’ is required. Staff Recommendation Staff recommends approval of the Variances. The Planning Commission is requested to consider the following options, including conducting a Public Hearing for the Variance requests. A 2/3’s vote of the Commission (5 of 7 members) is required to approve or deny a Variance.3 1. Approve Resolution 1102-19, approving the Variance. 2. Deny the requested Variance. If the Commission chooses this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. Because of the 60-day requirements (Deadline: August 4, 2019 4) the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. 2 City Code, Section 1106.02, Subd 1(b); “Every dwelling house hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot.” 3 City Code, Section 1125.02, Subd 4(f); “A variance of this Zoning Code or the granting of an appeal shall be by two-thirds (2/3) vote of the full Planning and Zoning Commission serving as the Board of Adjustment and Appeals.” 4 Email from Marsha Anderson to Jon Sevald, June 4, 2019, confirming modification of Application, adding second Variance request (reduced building setback).