Laserfiche WebLink
April 16, 2019 <br />Page 8 <br /> <br />In summary, staff recommends approval of the impervious surface variance for a <br />total impervious coverage of 3,400 square feet. This calculation is made by using the <br />applicants’ current proposal of 3,410 square feet, and eliminating the side <br />encroachment area of approximately 10 square feet to meet the 5 foot setback for <br />the paved area discussed in Section 1.B. of this report above. Approval of this <br />variance would be supported by findings that include the application of the <br />percentage standards for lots of this size, the reasonable connections on the subject <br />property for front and rear yard sidewalks, and compliance with other common <br />requirements of the ordinance. <br /> <br />2. Representative Codes Referenced. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.039 (E) Front yard apply to this <br />proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the <br />greater of 30 feet or a distance equal to the average of the front yard depths of the two <br />adjacent lots. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application <br />states that “An owner of property with an existing structure which does not comply with <br />the zoning code, or of property on which such a structure is proposed to be constructed, <br />may apply for a variance upon payment of the fee specified in Chapter 33”. <br /> <br />3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, <br />Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council <br />must consider in determining whether to grant or deny a variance. <br />The applicable criteria include: <br />1. The subject matter of the application is within the scope of this section. <br />2. Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the zoning code; <br />b. The plight of the property owner is due to circumstances unique to the property <br />not created by the property owner; <br />c. The variance, if granted, will not alter the essential character of the locality; and <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />3. The variance, if granted, would be consistent with the City’s comprehensive land use <br />plan. <br />4. The granting of the variance is in harmony with the general purposes and intent of the <br />zoning code. <br /> <br />SUMMARY AND STAFF RECOMMENDATION