PL PACKET 07172012 - Laserfiche WebLink

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July 3, 2012 Page 2 2. Overview The property is located on a corner lot adjacent to Foss Road and 37th Avenue NE (County Road D West). The property is in the R -4 District. The proposed addition is on the south side of the building along 37th Avenue NE. The existing building is set back from the property line 32 feet. The required setback for the property along 37th Avenue is 30 feet. The proposed addition is approximately 23 and a half feet long and five feet wide, which will require a 3 -foot variance from the setback along 37th Avenue NE. The proposed addition is approximately 21 feet, 8 inches feet from the sidewalk. Although locating the light well in almost any other location would negate the need for a variance, the applicant has expressed that the natural light is needed for the area in the basement that serves as the physical therapy center. The physical therapy center is located in the area where the building juts out. Placing the light well along the eastern side of the jut out is not practical and would require relocating the gas line serving the site, relocating the gas meter and reworking the gas lines in the building. Placing the light well along the western side of the jut out also would not work due to the location of the electrical utilities and generator that are currently in place. Relocating these utilities would involve significant construction. In addition to the utility issues, the light needs to serve the area where the physical therapy unit is located. Moving the light well to the other locations would not serve the physical therapy area. Relocating the physical therapy unit within the building is also challenging. St. Anthony Health Center is required to meet specific criteria for its operations, which makes moving different operations from part of the building to another difficult without impacting some other function on site. Therefore, the Owner would not be able to simply move its physical therapy operations to another part of the building and provide a light well at a location that may be able to meet setback requirements. 3. Criteria for Variance. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance is necessary considering the proposal would result in the building extending beyond the required 30 -foot setback from 37th Avenue NE. Criteria met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The proposed light well is allowed by the zoning code with the only exception being that the location of the light well would cause the building to no longer meet the required 30- foot setback. The light well is needed to provide natural light for the physical therapy unit in the basement of the building. Staff finds that the proposal is consistent with the use of the property and is therefore reasonable. Criteria met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; There are unique circumstances to the use of the building that were not created by the current property owner. First, the building was originally constructed when there was not a 30 -foot setback requirement along 37th Avenue NE. Secondly, operations at nursing home facilities have evolved over time. The types of care and treatment that are offered