08-07-2019 PC Packet - Laserfiche WebLink

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Item 05A Page 3 of 8 f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. g. The Board of Adjustment and Appeals may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. The intent of the City Code is to allow a second driveway if when “in the interest of public safety”. This reasoning can be unique to the property (e.g. avoid backing onto a busy road), and/or unique to the resident (e.g. proximity from driveway to home). In this case, it is the later. Summary The Applicant is proposing to build a second garage to be located in the east side yard, and is requesting a Variance to allow the existing driveway (second driveway) to remain, whereas the City Code limits single-family homes to one driveway. A Public Hearing was held on July 17, 2019. The City received and email and phone call from two neighbors (adjacent and across the street) who are supportive of the Variance. Recommendation Staff does not have a recommendation. It is Staff’s opinion that there is nothing unique about the property to warrant a second driveway. There may be unique circumstances related to the home’s residents to warrant a second driveway, but, this determination should be made by the Planning Commission based on the Applicant’s testimony. The Planning Commission is requested to consider the following options: 1. Resolution 1105-19, approving the Variance to allow a second driveway. It takes 5 of 7 votes to approve a Variance. If the Commission chooses this option, Staff recommends requiring a $3,250 escrow, which is the estimated cost of removing the concrete apron and restoring the curb ($2,000), plus 5% compound interest over ten years. 2. Resolution 1105-19, denying the Variance to allow a second driveway. It takes a majority of the Commission in attendance to deny a Variance. 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 23, 2019), the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. If the Commission takes no action (e.g. motion to approve fails because there is less than 5 votes), the Variance is denied, and the Applicant may appeal to the City Council.