2023.09.05 Packet - Laserfiche WebLink

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Heinle Variance – 14320 Grantaire Lane North Page 2 2 The property is approximately .22 acres and is located within the Victor Gardens neighborhood. The setback requirements for the PUD are the following: Yard Setback Front – House Setback 15 ft Front – Garage Setback 25 ft Side – House Side 10 ft Side – Garage Side 5 ft Rear – House 25 ft Rear – Garage 5 ft 3. BACKGROUND: On June 28, 2023, there was a building permit issued for the new construction house. The survey and house plans showed the proposed encroachment of the window wells. The house is currently under construction and the window wells have already been constructed. The permit was issued in error since the window well encroachment exceeded the 2 foot encroachment allowance. It was brought to staffs attention and staff required the applicant to apply for a variance to allow the additional encroachment of 1 foot 8 inches. 4. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 5. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Planned Unit Development (PUD) in the Victor Gardens neighborhood. 6. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The requested variance is from the dimensional standards of the ordinance and is permissible by law.