PL PACKET 09172019 - Laserfiche WebLink

Home Browse Search

March 19, 2019 Page 4 B. Parcel A Setback Variance. Complicating this proposal further is that a third variance would be necessary to accommodate the subdivision, due to setback requirements on Parcel A. The City’s requirements for setbacks in the R-1 District are 30 feet front and rear, 30 feet on a corner side yard, and at least 5 feet on the interior side yard. The street-side setback requirement is also subject to an averaging requirement and incorporates the average setback of the adjoining buildings if greater than the standard 30 feet. In this case, the setbacks of the adjoining parcels along 37th Avenue NE are approximately 62 feet on the westerly parcel, and 80 feet for the easterly parcel, an average required setback of 71 feet from the 37th Avenue right of way line. Moreover, there is a high-capacity overhead power transmission line along this portion of the 37th Avenue that encroaches onto the applicant’s property. The easement for this power line is not shown on the applicants’ survey. However, it would appear to significantly impact the ability to construct a building on proposed Parcel A, as much as 50 feet of the north side of the property. This power line would explain the significant setbacks shown on the other parcels along this right of way. It appears highly unlikely that the applicants would be able to construct a single family home as proposed on the Parcel A, even if the City were to grant a significant setback variance. In summary, planning staff does not believe the reasonable use standard is met for this variance request. We would further note the power line encroachment that may make the variance request impossible to achieve in any case. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.035 – 152.039 (R-1 Zoning District regulations). 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 lists the criteria the City Council must consider in determining whether to grant or deny a Variance. Those conditions are as follows: (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; (b) The plight of the property owner is due to circumstances unique to the property not created by the property owner; (c) The variance, if granted, will not alter the essential character of the locality; and (d) Economic considerations alone are not the basis of the practical difficulties. (3) The variance, if granted, would be consistent with the city’s comprehensive land use plan. (4) The granting of the variance is in harmony with the general purposes and intent of the zoning code.