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CC PACKET 09252012
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CC PACKET 09252012
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12 <br />September 18, 2012 <br />Page 2 <br />2. Overview <br />As shown in Exhibit A, the front of the property is located on Stinson Boulevard and the home is <br />oriented towards the rear of the lot. As proposed, a variance would be needed for the front yard <br />setback. <br />The property is a corner lot, situated at the junction of Stinson Blvd and 27th Ave. The existing lot is <br />60 feet by 189 feet. The 189 -foot portion of the lot is parallel to Stinson Boulevard, with the 60 -foot <br />portion of the lot parallel to 27th Avenue NE. This is consistent with the homes located along 27th <br />Avenue. Because the front of the house is oriented towards Stinson Boulevard (long side of the lot) <br />and the home meets existing front yard setback requirements, the house is located only 10 feet from <br />the rear lot line. <br />The City's Zoning Ordinance requires accessory structures to be located in the rear yard. In this case, <br />that is physically impossible to do and still meet City requirements. There is no room to include the <br />construction of a shed in this area and still meet the required rear yard setback. <br />A garage currently exists on the property and is located in the side yard on the southern end of the <br />property. The garage is currently used for storage of equipment such as a lawn mower, snow blower, <br />and outdoor lawn furniture. The Applicants wish to use the proposed shed for the storage of this <br />equipment in order to make room to park a vehicle in the garage. <br />In 2011, the property owner constructed an addition to the north end of the garage, which is used as <br />an art studio. The art studio complicates the possibility of expanding the garage to incorporate <br />additional storage. The art studio would need to be removed in order for the expansion to occur. The <br />owner has stated that they believe the art studio enhances the aesthetic appeal and enjoyment of the <br />property and do not wish to have it removed. See Exhibit B for pictures. <br />The property owners have indicated the proposed storage shed will be located next to a mature pine <br />tree, as well as a fence located on the property so as to provide the most screening from Stinson <br />Boulevard. <br />Other options are available which would not require a variance. The property owners could expand <br />the existing garage or add on to the home. Both of these options would involve substantial <br />construction. Also, because the intent of the request is to provide outdoor equipment storage, staff <br />believes that a shed would be more aligned with this use than an addition to the home or the art <br />studio. <br />3. Applicable Code. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section 152.176 Accessory Buildings (A) requires <br />that "no accessory building may be located within any yard other than the rear yard, except that <br />garages may be located in side yards". <br />4. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter <br />152 Zoning Code, Section 152.245, (C) Evidence, lists the criteria the City Council must consider in <br />determining whether to grant or deny a variance. The applicable criteria include: <br />1. The subject matter of the application is within the scope of this section. <br />The application for a variance is necessary considering the proposed shed is located in a yard <br />where it is not allowed. Criteria met. <br />2. Strict enforcement would cause practical difficulties because: <br />
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