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PL PACKET 03192019
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PL PACKET 03192019
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March 19, 2019 <br />Page 3 <br /> <br />A. Front Yard Setback Variance – Harding Street NE. The home to the north of the <br />subject parcel is set back from Harding Street at 30.3 feet. The required front yard <br />setback for the R‐1 District is 30 feet. As noted above, the existing home on the <br />property is currently at approximately 30 feet, meeting the required setback. The <br />applicants propose to construct living space and a front entry/porch that would <br />encroach 7.7 feet into the required front yard. <br /> <br />The zoning ordinance sets out a series of criteria for a request to qualify for variance <br />consideration. Those criteria are found in §152.245, (C) Evidence of the Zoning <br />Chapter, and are included in this report for reference below. The criteria can be <br />summarized as whether there are unique conditions on the property that contribute <br />to creation of a practical difficulty in putting the property to what would otherwise <br />be considered a reasonable use – reasonable use is often thought of as one that <br />would be common and acceptable in the area. Variances may not be entirely <br />economic in nature, nor be the result of the actions of the applicant. <br /> <br />In this case, the applicants suggest that there are conditions that meet the required <br />criteria. First, there is a wide variety of street setback distances on Harding, and in <br />the surrounding neighborhoods. On the subject property’s block, Harding Street <br />setbacks range from as little as 15 feet to more than 70 feet. This reflects a history <br />of accommodating variability in the area. Second, the applicants note that for <br />corner lots – even while they are seeking a variance to the south side, buildable area <br />is severely limited. While there would be area to expand behind the home, any such <br />expansion would impact the amount of open rear yard space on the lot. <br /> <br />The applicants further suggest that the requested encroachment will permit them to <br />upgrade the look of the house from the street, retaining or enhancing neighborhood <br />character as a result. The front elevation incorporates a combination of stone, <br />shake, and lapped siding, and continues the single‐story rambler pattern common to <br />the area. <br /> <br />The proposed design does not appear to be out of character with the neighborhood. <br />For any variance, the underlying requirement must be that the proposed use of <br />property is reasonable, that is, a condition that most would presume to be a <br />common and expected use of property. If so, the next test is whether unique <br />conditions exist on the property, and whether those conditions create “practical <br />difficulties” in using the property reasonably. <br /> <br />In this case, the expansion to the west (front) appears to be reasonable – it retains <br />and enhances the “curb appeal” of the property in the context of the neighborhood, <br />and is in character with other neighboring properties. Adding the porch and living <br />space accommodate reinvestment in the property, an important goal of the City’s <br />comprehensive planning. While a rear‐yard addition would accomplish the <br />reinvestment objective, it would not improve the neighborhood character. <br />Moreover, expansion to the north (toward the side property line) would be possible, <br />but would create a greater potential impact on the adjoining property. As such, the
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