CC PACKET 03102020 - Laserfiche WebLink

Home Browse Search

March 10, 2020 Page 3 Deadline for Agency Application Complete Date: 2/19/2019 Action: 60 Days: 4/20/2019 Letter Sent: No 120 Days: 6/19/2019 ANALYSIS 1. Background The applicant is proposing to construct site modifications that will encroach into the required side yard setback. The parcel in question is shown on the zoning map below, and is 75 feet in width and approximately 11,550 square feet in area. The proposed side yard setback would reduce total side yard area on the south side from 14 feet to 5 feet. As noted, the current condition is a paved parking pad on the south side of the single car garage. The zoning ordinance sets out a series of criteria for a request to qualify for variance consideration. Those criteria are found in §152.245, (C) Evidence of the Zoning Chapter, and are included in this report for reference below. The criteria can be summarized as whether there are unique conditions on the property that contribute to creation of a practical difficulty in putting the property to what would otherwise be considered a reasonable use – reasonable use is often thought of as one that would be common and acceptable in the area. Variances may not be entirely economic in nature, nor be the result of the actions of the applicant. In this case, there are conditions suggesting that this request is within the requirements of the variance ordinance standards. First is the definition of “reasonable use”. By far the most common condition in single family neighborhoods would be a two-car garage, with many areas of three car garages not uncommon. Because the variance standard incorporates conditions common in the area, the lack of a two-car garage can be considered a factor in whether the regulations prohibit reasonable use on the property. Second, the space is already used for automobile parking. The exposed parking area is adjacent to the southerly neighbor’s living space. It is reasonable to believe that an enclosed garage at the same setback distance would be preferable to an open parking stall. 37