PL PACKET 08211990 - Laserfiche WebLink

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ain thro illa e DATE : APPROVAL : August 13 , 1990 TO : Planning Commission Members FROM Thomas D. Burt City Manager : TEM : VARIANCE REQUEST, 3220 TOWNVIEW Mr. Jim Renner, 3220 Townview Avenue, is requesting a front yard variance of 6. 5 feet from the average front yard setback (31 feet) of the two adjacent properties. The City Ordinance states a front yard must have a depth of at least thirty feet or equal to the average front yard of the two adjacent lots. The Planning Commission as well as the City Council have interpreted this Ordinance to require whichever depth is greater. The Renner home, 3220 Townview Avenue, along with the two adjacent homes, 3216 and 3300 Townview Avenue, all have 31 foot setbacks from the right of way (15 feet) . The appearance of seepage in an occupied bedroom directly below the garage has caused the applicant to be concerned about the safety of the occupant. Therefore, the applicant wishes to build a double garage forward of the existing garage so that the weight of a vehicle would not be directly over the lower level bedroom. On August 8th, Staff requested the applicant to provide documentation from a structural engineer declaring the garage unsafe as it is now constructed and that the seepage problem cannot be repaired. The applicant said he did not want to hire a structural engineer unless the variance was approved. The Planning Commission is again faced with the question, does the request meet the three statutory requirements for granting a variance. Safety is a very important concern, neither staff nor the applicant are qualified to declare the existing garage unsafe. Without an engineer declaring it unsafe, it is difficult to say an extraordinary circumstance exists. It is also very difficult to say that the physical surrounding or shape of the lot cause a hardship since the applicant has a garage.