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CC PACKET 05132014
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CC PACKET 05132014
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7/30/2015 7:03:56 AM
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5/15/2014 8:19:07 AM
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City Council
Meeting Date
5/13/2014
Meeting Type
Regular
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Council Agenda/Packets
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City Code Chapter Amendment
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April 29, 2014 <br />Page 3 <br />The existing home does not meet the setback requirements of the R1 District, and <br />therefore any addition (expansion) of the existing home requires the issuance of a <br />variance. The property was platted decades ago, and the existing ordinance has been in <br />effect well before the Applicants purchased the home. The need for the variance was <br />not created by the property owner. <br />Furthermore, as shown in Exhibit A: Location Map, the property was platted with a <br />unique circumstance in that the property line does not extend further to the north as <br />the properties immediately to the east do. This creates a dimensional limitation that is <br />unique to this property (i.e. they are already short 5-feet of property that other <br />properties in the immediate vicinity have to work with). Other options considered by <br />the property owners included construction of an addition onto the back side of the <br />home, however this too would require the issuance of a variance and it would be <br />cre ating more impervious surface on the lot. Criteria met. <br />e. The variance, if granted, will not alter the essential character of the locality; and <br />The existing home was constructed in 1960 and is true to the style of that decade, as are <br />majority of the homes within the imm ediate neighborhood. The proposed partial <br />second story addition and front stoop will be designed in a manner that maintain the <br />overall character of the home and the locality, and will provide an updated design in line <br />with today's standards, bringing new life to the home and the area. The proposed <br />partial second story addition is rather modest, as the Applicants are not requesting a <br />large addition that may visually or structurally impose on surrounding properties. <br />Criteria met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />The basis for the practical difficulties is that the home is already fifteen feet from the <br />corner side (front yard) lot line and does not allow for expansion of the existing home in <br />a way that would comply with the Zoning Code (no matter where the addition would <br />occur). The other options available would either result additional impervious surface, or <br />require that significant modifications be done to the existing home to accommodate for <br />the second story as the staircase to the second story would have to be designed in areas <br />that are currently taken up by livin g space within the existing home. While economic <br />considerations are a factor, as the value of the home will increase as a result of the <br />addition, it is not perceived that they are the sole basis of the practical difficulty. <br />Criteria met. <br />3. The variance, if granted, would be consistent with the City's comprehensive land use plan. <br />If the variance is granted the use of the property would remain the same land use as it is today, <br />single-family residential. The comprehensive plan guides this area for single-family use and the <br />proposed partial second story addition and front stoop will not alter that use. Criteria met. <br />4. The granting of the variance is in harmony with the general purposes and intent of the zoning <br />code. <br />The intent of the zoning code is to protect the health, safety, and general welfare of the city and <br />its people through the establishment of minimum regulations governing land development and <br />use. The zoning code is established to: <br />a. Protect the use districts; <br />2 1
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