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CC PACKET 04092019
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CC PACKET 04092019
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4/5/2019 8:52:44 AM
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4/5/2019 8:49:30 AM
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April 9, 2019 <br />Page 4 <br /> <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 <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 />At the Planning Commission meeting, the applicants agreed to amend the proposed <br />garage setback to 20 feet, a change that was accepted by the Commission, and <br />incorporated into their recommendation to the City Council. <br /> <br />32
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