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PL PACKET 03192019
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PL PACKET 03192019
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3/13/2019 1:01:29 PM
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March 19, 2019 <br />Page 4 <br /> <br />variance is supportable, even though there are alternative designs that would <br />accommodate building expansion. <br /> <br /> <br />As noted above, staff recommends approval of the variance for the front yard <br />encroachment for the proposed porch and living space as shown in the applicants’ <br />application. <br /> <br />B. Side Yard Setback Variance – 34th Avenue NE. The applicants propose to add living <br />space and an attached garage to the south of the existing home, removing an <br />existing detached garage to the rear of the property. For corner lots such as this <br />one, the side yard setback requirement facing a street is increased from the <br />common 5 feet to 30 feet, equal to the front setback. <br /> <br />The applicants propose to construct living space and the attached garage within the <br />side yard facing 34th Avenue on the south side of the house. The current setback is <br />approximately 38 feet from the property line. The proposed expansion adds living <br />space to a setback of 23.4 feet, and further extends the garage an additional eight <br />feet, resulting in a 15.4 foot setback. While detached garages are afforded greater <br />flexibility in setback restriction, attached garages are treated as a portion of the <br />principal building. Therefore, the setback standard of 30 feet applies to the 34th <br />Avenue frontage. <br /> <br />The applicants support their request by noting that an extended line from the <br />easterly neighboring property to the property across Harding Street to the west <br />establishes a “line of sight” setback distance of 15.4 feet – the forward‐most <br />proposed setback for the garage. <br /> <br />As with the discussion of the addition on the front, staff would agree that the living <br />space addition is appropriate in this location. The addition maintains a 30 foot <br />distance from Harding Street, and is supported by the same rationale for the <br />encroachment toward 34th Avenue – reasonable use, neighborhood character, and <br />practical difficulties. In this case, the corner lot setback requirements and the <br />common setback conditions along 34th Avenue (particularly the north side of the <br />street) support some level of encroachment. <br /> <br />Staff is concerned, however, with the placement of the proposed garage. At 15.4 <br />feet, a vehicle parked in the driveway would extend into the public right of way, a <br />problematic condition during snow plowing operations. Moreover, the plan shows a <br />proposed 12.9% grade for the new driveway. While the City does not establish a <br />specific maximum grade for driveways, this slope is only marginally functional. <br />Many communities limit driveway grades to 10% or even less. Moreover, parking <br />and exiting a vehicle on a slope such as this can be difficult for some to negotiate. <br /> <br />For the garage portion of the project, staff would recommend that any setback <br />variance limit encroachment into the side yard to a point no less than 25 feet from
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