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STAFF REPORT To: Chair and Planning Commissioners From: Kim Moore-Sykes, Assistant City Manager Date: September 20, 2011 Subject: Variance Request—2610-30th Avenue NE Requested Action: Public Hearing Date Application Received: August 24, 2011 Property Address: 2610—30`s Avenue NE Zoning District: R1 60-Day Expires: October 24, 2011 Waiver Letter Required: N/A Date Sent: No Future Action: City Council review and decision, September 27, 2011 Background. The property owners,Glenn and Traci Bergum,-attended a concept review of their plans to rebuild an existing double care garage on their property. The current garage exists nearly on the rear property line were considering a Garage Setback Permit to build a double car garage to replace the existing detached single car garage. Since then,the Bergu ns have provided an updated site plan that shows the proposed garage 5 feet from the rear property line and 5 feet from the side property line. The Bergums maintain in their written statement that the new location for the garage is compliant with the setback requirements for both the rear yard and the side yard, according to the City's Zoning Code. The proposed garage is planned to be 768 SF,significantly larger than the 528 SF allowed by the Code for a private garage in the rear yard (152.176 ACCESSORY BUILDINGS, (F). The Bergums have argued that the Code also allows for an accessory building of up to 1000 SF and which is not larger that the principal structure. In an R-1 Zoning District,the principal structure is defined as a single family detached house. The Bergums also are precluded from constructing a garage this large by the City's lot coverage limitation of 35% for a 9,000 SF interior residential lot(152.039 DIMENTIONAL REGULATIONS, (H)). The Bergum's lot is 70" by 134" or 9,380 SF. The proposed 768SF garage gives them lot coverage of 37.5%;whereas a garage of 528 SF gives them 34.9% lot coverage. Staff maintains that the Bergum s do need to obtain a Garage Setback Permit to locate the proposed detached garage in the rear yard;that the garage in the rear setback cannot be larger than 528 SF;and no dimension of the garage can be larger than 24 feet. Staff agrees with Mr. Bergum that the new site plan does show the proposed garage compliant with the sideyard setbacks but that the Ordinance says". . . F:\Planning\StaffReports\2011\09202011 2610 30th garage permitstf rpt.doc09202011 2610 30th garage permitstf rpt.doc