2021.09.07 CC Packet - Laserfiche WebLink

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Hanscom Variance Request 12096 Everton Avenue North B. Natural Characteristics of Site The property is 0.47 acres and is along Bald Eagle Lake. The property falls within the Shoreland Overlay District, which requires a building setback of 100 feet from the Ordinary High Water (OHW) level of Bald Eagle Lake. The OHW level of Bald Eagle Lake is at 910.64 feet and the proposed garage addition is located 107.3 feet from the OHW level, meeting the ordinance requirements. 4. ANALYSIS: Staff used these standards to review the request and finds that it meets the standards as follows: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant’s request to add on to the attached garage is reasonable. The total square footage for the proposed garage is under the square footage allowed for an attached garage. The location of the proposed garage addition meets all remaining setback requirements and is proposed to be located further from the front lot line than the existing garage on site. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is under unique circumstances as the existing house and garage do not meet the front yard building setback requirements. Additionally, the proximity to Bald Eagle Lake and the shoreland setback requirement limit the buildable area of the lot. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. There are several properties in the area that have similar front yard building setbacks and do not conform to the zoning district regulations. The proposed garage will be of the same materials of the existing garage and will not alter the character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the ordinance as outlined in the City Code. The size of the proposed garage addition is permitted by ordinance and it is a reasonable request to add on to an existing garage. The property is unique in that the existing house and garage do not meet the front yard building setback requirements and the buildable area