CC PACKET 11122013 - Laserfiche WebLink

Home Browse Search

42 November 4, 2013 Page 2 story door is planned to be installed on the north side of the garage, which would be accessed by the proposed stairway. The attached garage is currently five feet from the side (north) lot line and the stairway would extend four feet out from the garage, leaving one foot between the steps and the side lot line. The Zoning Code allows for steps to encroach into required side yards up to five feet, so long as they are at least five feet from any property line. The Applicants have explored other options for providing access to the space which would not require a variance, but have found the proposed solution to be the most reasonable. One option considered by the Applicant included locating the art studio in the basement of the home, however the basement is a finished basement and the Applicant has indicated that a significant investment would be required to create a space within the basement that would be sufficient for the nature of work done by the Applicant. Additionally, the conversion of finished floor area within the basement would eliminate space currently used by the Applicant's as part of their living space. The Applicants have indicated that finishing off space in the garage attic would allow for an economic opportunity for Mr. Peterson to work from home but not impact their existing living space. A second option considered by the Applicant includes constructing the stairway within the existing attached garage space, however the way the roof line is constructed would make it difficult to provide adequate access to the attic space without a significant remodel of the roof pitch (to allow enough head room along the back or side of the garage) or would place the stairway in the middle of the garage. Furthermore, Section § 152.179 (A) (5)(a) of the Zoning Code states that "Single-family detached units must have at least 2 fully enclosed parking spaces". Having a stairway within the existing 2 -car attached garage would eliminate one or both enclosed parking spaces, thus creating a nonconformity. Another option considered by the Applicant included the construction of a stairway along the rear (west) side of the attached garage. In this scenario, significant changes to the layout and construction of the roof and attic space would need to occur in order to gain adequate access to the attic from this side of the garage. 2. Applicable Code. Title XV Land Usage, Chapter 152 Zoning Code, Section § 152.177 Encroachments in Yards (E) states that "terraces, steps, stoops, uncovered porches, and patios which extend into a side yard not more than 5 feet and are not closer than 5 feet from any property line" shall be a permitted encroachment. 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 'Zoning Code, Section § 152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance is necessary considering the proposed steps are located closer to the side lot line than is allowed by the Zoning Code. Criteria met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not per» ritted by the zoning code,- The ode; The property owners propose to make reasonable use of the attic above of the garage by using it as an art studio. In order to use the space for this purpose, a new point of entry is needed. Building a staircase on the north side of the garage provides the most reasonable point of entry. Criteria met.