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STAFF REPORT � To: Mayor and Council Jay Hartman, Interim City Manager From: Kim Moore -Sykes Date: August 23, 2011. Subject: Garage Setback Permit — 2609 Pahl Avenue NE Requested Action: Garage Setback Permit DateAinrlication Received• July 13, 2011 Pcouerty Address: 2609 Pahl Avenue Zoning District: R-1 60-Dav Ex fres: September 12, 2011 Waiver f-etterItequhcd: Yes__ Date Sent: No X Future Action: City Council action on Planning Commission Recommendation at the August 23, 2011. Background. The property owners, Lindsay and Tom Wernimont, submitted an application for a Garage Setback Permit to build a detached double car garage to replace the existing detached single car garage, which is adjacent to an alley and as such, is sited 1.2'in the side yard setback (west property line) and 1.4' into the 3 foot rear set back (north property line). The property owners in their written statement report that they would like to rebuild the new garage in the same location as the existing garage because their driveway comes off from the alley. This placement, which is consistent with the placement of garages of their neighbors, is non -conforming as it is closer than the 3 foot minimum distance required by the City's Zoning Ordinance from the property line. Subsection 152.176 allows only eaves and detached garages to be in the side yard setback but must be 3 feet from the property line (§152.176(B)). The Wernimont garage location in the setbacks and closer to the alley is usual for the neighborhood. Being granted a setback permit for their garage allows them to keep the existing location and to continue to conform to the characteristic of the neighborhood and is in harmony with the zoning code. They initially proposed a slightly larger garage than the existing single car garage. They stated that a larger garage at 24' x 24' (576SF) would solve their storage problem but as they indicated in their written statement, they realized that building this proposed garage would require that they remove the only tree on their property. They have since indicated to staff that they have decided to build a garage that meets the maximum square footage of 528SF for a detached garage. P:APlanningAStaffRcporls\2011A08162011 2609 pahI garage permit stf rptd0e08162011 2609 pall garage permit stI'rpLdoc