PL PACKET 03192019 - Laserfiche WebLink

Home Browse Search

March 19, 2019 Page 5 the property line. This distance provides a sufficient parking stall depth without encroaching into the right of way. In this particular case, it would also have the benefit of reducing the driveway slope by extending the distance. An additional 10 feet of driveway length would reduce the slope to approximately 9% or so, a safer and more manageable condition. While the existing detached garage is closer to the property line than the proposed attached garage, and this is not an uncommon condition along the street for such garages, staff supports the greater setback to facilitate public safety, as well as improved functionality on the property in question. As such, staff recommends approval of the variance for a side yard setback encroachment as shown on the proposed plans for the living space (to a distance of 23.4 feet from 34th Avenue), but recommends an amendment to the plan that moves the garage farther into the lot to a 25 foot setback – a five foot variance from the 30 foot standard. The applicant should amend this aspect of the project on the proposed construction plans for the site. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.039 (E) Front yard apply to this proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the greater of 30 feet or a distance equal to the average of the front yard depths of the two adjacent lots. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.04 (F) Side yards. Each dwelling must have 2 side yards, each having a width of at least 5 feet and having a combined width of at least 15 feet. Any side yard adjacent to a street must be at least 30 feet in width Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that “An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33”. 3. Criteria for and Consistency with Criteria for Variance Approval. 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. Request: Request for a 7.7‐foot variance from the required front yard setback, and for a 6.6 foot to 14.6 foot variance from the side yard setback facing a public street. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. 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;