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City Council Regular Meeting Minutes July 24, 2012 Page 2 Mayor Faust requested that Project Manager Messner provide a brief explanation regarding Consent Agenda item I' and requested that this item be removed from the Consent Agenda. 4 Motion by Councihnembcr Stille, seconded by Councilmember Jenson, to approve the Consent 5 Agenda as amended to move Consent Agenda item E' to the regular agenda as item VI.A.3. 6 7 Motion carried unanimously. 9 IV. PUBLIC HEARING. 10 11 None, 12 13 V. REPORTS FROM COMMISSION AND STAFF. 14 15 A. Resolution 12-071: Approvin�_Y a Variance to the Rear Yard Setback for Property Located 16 at 3207 Silver Lake Road Brian Heinis. Planning Commission Chair, presenting. 17 18 Chair Heinis stated the applicants are requesting a variance to the rear yard setback for the 19 construction of a 27' x 24' garage on their property located on the corner of Silver l.akc Road 20 and 1 lilidale Avenue. l le indicated City Code requires a rear yard setback of the greater of 25' 21 or 20% of the lot depth and the rear yard setback for this property is 31'. Ile presented a diagram 22 of the property's layout noting that the driveway is located off llilldale. Ile explained that 23 placing a garage within the rear setback would limit sunlight, prohibit future deck or patio 24 expansion, and cause potential drainage issues. Ile advised the property owners are proposing to 25 use the property in a reasonable manner consistent within the R-1 district, the circumstances are 26 unique to the property not caused by the owner, and the home was constructed in a manner that 27 makes it difficult to meet the rear yard setback. He noted the variance if granted will not alter 28 the essential character of the locality and economic considerations alone are not the basis for the 29 practical difficulties. He added the variance is consistent with the Comprehensive Plan, would 30 protect the land use district, and would allow for orderly redevelopment of the site; in addition, 31 the variance will not reduce the amount of light, air, and access to the property and granting the 32 variance will not increase congestion or result in overcrowding of the land. He added the 33 variance if granted will not alter the site's compatibility with land uses in the area. 34 35 Councilmember.lenson requested further information regarding the location of the variance on 36 the property. Ile also asked if the proposed garage could be repositioned in such a way that a 37 variance would not be required. 38 39 Chair Heinis presented a diagram showing the location of the proposed garage in relation to the 40 required rear yard setback of") I '. Ile stated if the proposed garage was placed on the lot in a 41 manner that was compliant with City Code the garage would be located a Pew feet from the 42 house and would block sunlight into the house. 43 44 Mayor Faust noted that the location of the proposed garage appears to represent the best position 45 for the least amount of variance. 46