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r STAFF REPORT To: Planning Commission From: Kim Moore-Sykes,Assistant City Manager �Wb Date: April 20, 2010 Subject: 3038 Harding Street — Variance to Front Yard Setback Requested Action: Variance to 152.177 (D) Front Yard Encroachment Date Application Received: March 24, 2010 Property Address: 3038 Harding Street Zoning District: R1 60-Day Expires: May 24, 2010 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Consideration,April 27, 2010 Background: Staff received a call from Jeremiah Battles,Acacia Architects,informing staff that Chuck Bower and Holly Wick Bower, the property owners at 3038 Harding Street, were interested in adding a front porch to their house as a part of a larger renovation project that they are planning. Mr. Battles asked about the City's front yard setback regulations and if a front porch was possible. In discussing the proposed front porch,it was determined that the residential structure's front foundation wall sits on the edge of the front yard setback. The City Zoning Ordinance allows for a five (5) foot encroachment into the front yard (§ 152.177(D)). Mr. Battles advised staff that their plans provide for a six (6) foot wide porch. He reported that typically, a traditional front porch is six (6) to eight (8) feet wide. He asked about the possibility of applying for a variance to allow for the more traditional front porch that they are planning because the property owners are looking for a front porch that would be more conducive to having an outdoor living space. He and the owners presented their proposal for the front porch to the Planning Commission in a concept review at the March 16`'' Planning Commission meeting. A formal application for a variance was submitted to and accepted by the City. Application Review As part of the application process, the applicant is required to provide evidence that discloses facts that are unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Specifically Section 152.245 (C) states that no variance will be granted unless evidence presented supports the following facts, that strict enforcement would cause undue hardship because: The property cannot be2ut to a reasonable use without the variance. It is and has been a common practice of constructing the principal residential structure at the front yard setback line so that all the houses are similarly situated on the lot in an orderly fashion. The City's Zoning Ordinances, § 152.177(D), do allow a five (5) foot 04202010 3038 Harding St FY Encroachment Variance.doc