2023.11.06 Packet - Laserfiche WebLink

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Agenda Number G.12 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Hunter and Brayanna Smith, 12033 Everton Avenue North. Variance request from the rear yard setback requirement for an existing shed and proposed accessory building, and encroachment agreement request for an existing fence within City right-of-way. DATE: November 1, 2023 for the City Council meeting of November 6, 2023 ZONING: Large Lot Single-Family Residential. (R-1) REVIEW DEADLINE: November 7, 2023 1.BOARD OF ZONING UPDATE At its October 12, 2023 meeting, the Board of Zoning Adjustments and Appeals held a public hearing and considered the request. Members of a family who own nearby appeared both in- person and virtually to comment. Their primary concerns were related to the applicants’ fence encroaching into the right-of-way between their properties, and whether the proposed variance would affect the family’s ability to develop their property. The Board was generally comfortable with the request and felt that the proposed building would not inhibit the neighbors’ ability to develop their property, and that structures in the right-of-way between the properties would be removed if approved improvements are installed within the right-of-way. The Board unanimously recommended approval of the variance request. 2.DESCRIPTION OF REQUEST: The applicants, Hunter and Brayanna Smith, are requesting to construct a 1,200 square foot accessory building. There is an existing 197.64 square foot shed on the property. The requested variance is to allow for the proposed accessory building and existing shed on the 0.86 acre property to have a rear yard setback of 10 feet, where 30 feet is required by ordinance. There is a 60-foot wide city owned right-of-way to the east of the applicants’ property. The applicants are requesting an encroachment agreement to allow for an existing fence to remain