BZ Packet 05.28.20 - Laserfiche WebLink

Home

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