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Degnan Variance, 12160 Falcon Ave N <br />Page 3 <br /> <br /> <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />Single family homes are the primary use within this area and are allowed in the R-1 <br />zoning district. There are similar properties in the area that also have accessory buildings <br />on site. The proposed setback variance would not noticeably alter the character of the <br />area. <br /> <br />It is in staff’s opinion that there are practical difficulties in meeting the R-1 setback <br />requirements. The property owner is proposing to use the property in a reasonable manner by <br />constructing an accessory building. The location of two mature oak trees, the low point of the <br />property, the existing well, and the area set aside for a potential future septic mound make it not <br />feasible to meet the rear yard setback requirement of 30 feet. Given the location of the proposed <br />accessory building and the existing vegetation on site, the approval of the variance request would <br />not noticeably alter the character of the neighborhood. <br /> <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City’s Comprehensive Plan. <br /> <br />The spirit and intent of the City Code is to allow accessory buildings to be built on residential <br />properties and the proposed accessory building is permitted on site. The variance request would <br />result in the proposed accessory building to be built in the location best fit for the applicant’s rear <br />yard. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />Accessory buildings are permitted in the R-1 zoning district. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a FEMA designated floodplain. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br /> <br />The property is served by well and septic systems. Any future septic system installed must comply <br />with city and state codes. <br /> <br />7. CONCLUSION/ STAFF RECOMMENDATION: <br /> <br />The applicant is requesting a variance from the Large Lot Single Family Residential (R-1) <br />zoning district setback requirements to allow an accessory building to be built 10 feet from the