CC PACKET 11092021 - Laserfiche WebLink

Home Browse Search

November 9, 2020 Page 4 not be entirely economic in nature, nor be the result of the actions of the applicant. Thus, for variance consideration, there is a two-step test. First is the definition of “reasonable use”. The proposed use must be one that is reasonable for the property, given the characteristics of the property and the neighborhood. The second test is whether there are unique physical conditions on the property that require consideration of a variance to reach the reasonable use as defined. The parcel itself is a typical residential parcel of common dimensions and use, however, the applicant suggests that the width of the garage and the driveway leading to it impede his family’s ability to make use of the property, particularly given the accessibility issues they face. The specific variance requests are addressed independently below. 1. Driveway setback. The zoning ordinance requires a driveway setback from the side lot line of 5 feet. In some instances, the City engineer or public works director can approve a setback of as little as 3 feet. The applicant’s as-built setback is shown as 2 feet, based on the sketch materials provided as part of the application. The applicant supports his variance request based on a issues related to accessibility, and his family’s special needs for wheelchair access. While this is not typically a land- based argument, the existing garage and prior driveway width (16 feet) limits reasonable accessibility for common driveway parking areas. The applicant notes that he increased the driveway by two feet toward to the interior of the lot to line up with the edge of the garage – the limits of that construction. To supplement this, the applicant then expanded the width of the driveway 5 feet toward the side lot line, resulting in the now-existing 2 foot setback. The applicant suggests that the expansion as completed was done to align with an existing sidewalk that leads from the front driveway to the rear yard. Sidewalks of 3 feet or less in width are permitted to have a 1 foot setback, so the sidewalk complies with code. Applying the unique conditions and reasonable use tests noted above, staff believes that the applicant’s burden has been met with this design. The existing garage width, and the previously narrow driveway, are not typical of most single family home driveways, with commonly have widths of up to 25 feet in accordance with the zoning ordinance regulations for these improvements. The location of the garage was a pre- existing condition of the property, not created by the applicant. Thus, staff recommends approval of the variance for driveway setback. 2. Patio setback. The applicant constructed a rear patio behind the existing garage that connected to the existing sidewalk. As stated by the applicant, he continued the line of the sidewalk as it became patio. According to the City’s zoning regulations, a patio is any paved recreational space that is greater than 3 feet in width. Patios are required to maintain setbacks of 5 feet from the property line to facilitate drainage and buffer fence or landscaping between the owner’s outdoor recreation area and the neighbor’s outdoor spaces. The paved area would be considered sidewalk for the length of the pavement that is 3 feet or less in dimension. As such, the encroachment area is that