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Planning Commission Regular Meeting Minutes October 19, 2021 Page 4 1 to the property line with a zero setback. For such buildings, a setback requirement of 5 feet 2 applies, although an existing non-conforming structure can be replaced in its prior location, 3 provided the non-conformity is not increased. 4 5 Staff’s estimates of impervious surface cover – including all paved areas and the areas of the 6 shed and home, totals approximately 42.5%. For single family parcels less than 9,000 square 7 feet, an impervious surface maximum of 40% is required. As such, on this lot of 8,732 square 8 feet, the allowable impervious area is exceeded by approximately 220 square feet. 9 10 Staff has reviewed for use, setbacks and impervious surface, among other standards. Based on 11 the material presented by the applicant, and the requirements for variance consideration in the 12 City’s zoning ordinance, Staff recommends approval of a portion of the driveway setback 13 encroachment, denial o the patio setback encroachment, denial of the shed setback 14 encroachment, and denial of the impervious surface variance. Because these improvements 15 were completed prior to permitting or zoning approval, denial of the variances noted would 16 require removal of some of the improvements made to the property. 17 18 Four separate variances are necessary to accommodate the improvements that the applicant 19 has made to the property as follows: 20 1.21 Side Yard Setback Variance for Driveway, reducing the required 5-foot setback to 2 feet. 22 Staff recommends approval, based on a finding that the current garage and driveway are 23 inadequate to provide reasonable access and parking area on the property, and that further 24 expansion to the interior of the lot would create other zoning issues. 2.25 Side Yard Setback Variance for Patio, reducing the required 5-foot setback to 2 feet. Staff 26 recommends denial, based on a finding that the threshold requirements for unique 27 conditions and definition of reasonable use are not met according to the requirements of 28 the zoning ordinance for variance consideration. A portion of the patio should be removed 29 to meet the 5-foot setback. 3.30 Side and Rear Yard Setback Variance for Shed Expansion from 5 feet to 0 feet. Staff 31 recommends denial, based on a finding that the threshold requirements for unique 32 conditions and definition of reasonable use are not met according to the requirements of 33 the zoning ordinance for variance consideration. The applicant may choose to remove a 34 portion of the shed to retain the prior non-conformity setbacks for a 10’ by 10’ shed or 35 relocate the expanded shed to meet the 5-foot setback. 4.36 Impervious Surface Variance from 40% maximum coverage to 43% coverage. Staff 37 recommends denial, based on a finding that the threshold requirements for unique 38 conditions and definition of reasonable use are not met according to the requirements of 39 the zoning ordinance for variance consideration. The applicant should work with Code 40 Enforcement to remove at least 220 square feet of impervious area (this amount based on 41 staff estimates) or provide a survey that demonstrates a different amount of removal to 42 meet the maximum allowable coverage of 40% (3,715 square feet). 43 44 Mr. Grittman offered 3 alternatives for each of the 4 decisions. 45