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Agenda Number (;i <br />CITY OF HUGO COMMUNITY DEVELOPMENT <br />DEPARTMENT <br />PLANNING AND ZONING APPLICATION <br />STAFF REPORT <br />TO: Bryan Bear, City Administrator <br />FROM: Rachel Leitz, Community Development Assistant <br />SUBJECT: April Barnhart —Variance for side yard setback located at 5368 145th Street <br />North <br />DATE: June 13, 2016 for the City Council Meeting on June 20, 2016 <br />ZONING: Future Central Business (FCB) <br />REVIEW DEADLINE: June 28, 2016 <br />1. BOARD OF ZONING UPDATE: <br />At its June 9, 2016 meeting the Board considered the request and held a public hearing. Staff provided <br />background on the request and recommended approval. There was no one that spoke during the public <br />hearing. The Board agreed that the request met the criteria necessary to approve the variance and <br />recommended approval of the resolution for the variance request to the City Council. <br />2. DESCRIPTION OF REQUEST: <br />April Barnhart is requesting a variance to allow a three foot side yard setback, where City ordinance <br />requires a ten foot side yard setback, to expand a finished porch on her home. The existing size of the <br />porch is 64 sq. ft. and the proposed size of the porch is 180 sq. ft. Ms. Barnhart also has a garage that <br />doesn't meet current ordinance standards. She has stated that this garage will be removed and construction <br />of a new one will occur to meet ordinance standards, therefore the Board is only considering one variance <br />request. <br />3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: <br />The City's discretion in approving or denying a variance is limited to whether or not the proposed project <br />meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with <br />a variance because the burden of proof is on the applicant to show that they meet the standards in the <br />ordinance. <br />