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STAFF REPORT To: Mayor & City Council Mike Morrison, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: April 27, 2010 Subject: 3038 Harding Street — Variance to Front Yard Setback Requested Action: Variance to 152.177 ()) Front Yard Encroachment Date Application Received: Match 24, 2010 Property Address: 3038 Harding Street Zoning District: R1 60 -Day Expires: May 24, 2010 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Consideration, April 27, 2010 Background: Staff received a call from Jeremiah Battles, Acacia Architects, informing staff that Chuck Bower and Holly Wick Bower, the property owners at 3038 Harding Street, were interested in adding a front porch to their house as a part of a larger renovation project that they are planning. Mr. Battles asked about the City's front yard setback regulations and if a front porch was possible. In discussing the proposed front porch, it was determined that the residential structure's front foundation wall sits on the edge of the front yard setback. The City Zoning Ordinance allows for a five (5) foot encroachment into the front yard (§ 152.177(D)). Mr. Battles advised staff that their plans provide for a six (6) foot wide porch. 1Ie reported that typically, a traditional front porch is six (6) to eight (8) feet wide. He asked about the possibility o£ applying fora variance to allow for the snore traditional front porch that the), are planning because the property owners are looking for a front porch that would be more conducive to having an outdoor living space. He and the owners presented then- proposal for the front porch to the Planting Commission in a concept review at the March 16`x' Planning Commission meeting. A founal application for a variance was submitted to and accepted by the City. Application Review As part of the application process, the applicant is required to provide evidence that discloses facts that a e unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Specifically Section 152.245 (C) states that no variance will he granted unless evidence presented supports the following facts and that: strict enforcement of the City's Ordinance would cause undue hardship because: 1.) The property cannot be put to a reasonable use without the variance. 2.) The circumstances causing the hardship were not created by the owner. 3.) The variance, if granted, will not alter the essential characteristics of the locality. 04202010 Council stf rpt 3038 Harding St FY Encroachment Variance. doc 0