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June 11, 2012 Page 2 2. Property and Zoning Code Information The property is located at 3207 Silver Lake Road and is a corner lot in the R -1 zoning district. The Zoning Code requires a rear yard setback equal to the greater of 20 percent of the depth of the entire lot or 25 feet (152.039 (G)). The setback for the property is 31 feet using the 20 percent rule. Therefore, the variance is necessary due to the garage being proposed within the setback. Additionally, the Code indicates that garages cannot be larger than the principal structure or be more than 1,000 square feet in R -1, R -IA and R -2 zoned property. The City's Zoning Code has a provision for a garage setback permit. This option, however, limits the property owner to a garage that is 528 square feet. The proposed garage is 648 square feet, so a variance would be needed from the garage setback permit process. In discussing the situation with the city attorney, there would be two options to pursue: 1) a rear -yard setback variance or 2) a variance from the garage setback permit process. Given the stipulations for the garage setback permit process, legal and planning staff agreed that the cleaner approach to the variance is a simple rear -yard variance. 3. Proposed Change As indicated above, the property owner wishes to construct a detached garage on the east end of the property. The proposed garage is 27 feet wide and 24 feet deep. It has a total area of 648 square feet. The applicant proposes to construct the garage 30' from the side lot line and 17' from the rear yard line. A copy of the site plan and concept plan for the garage are shown in Exhibit B. The property owners state that placing the garage completely outside the rear setback would place the garage only 14 feet from the eastern wall of the house which would be harmful for several reasons. The garage would block light coming into the dining room, affecting the enjoyment of the room. It would also prohibit building any deck or patio off of the eastern wall of the house. Locating the garage 14 feet from the home could also have an impact on drainage, as there would be limited space between both structures. The property owners have stated that an attached garage is not a feasible option, as it would fundamentally change the character and form of the house. The only location for an attached garage would be the eastern wall, which would require that the owners enter the garage through the dining room. This action would result in the house not meeting the occupancy requirements stated in the code (150.095 (A)). It should also be noted that this property has a large front yard which impacts the amount of land available for a rear yard. It is difficult to fit a structure in the rear yard and meet all the setback requirements. ATTACHMENTS Exhibit A: Location Map Exhibit B: Applicant's Application • Application • Legal Description • Practical Difficulties • Old Sketch Plan • Purchase Agreement • Building Design • Revised Sketch Plan