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Smith Variance – 12033 Everton Avenue North <br />Page 3 <br /> <br /> <br /> 3 <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br /> <br />Accessory buildings up to 1,500 square feet are common in the R-1 zoning district. The <br />zoning district’s building setbacks are designed for lots with a minimum size of 1 acre. <br />The accessory building ordinance discourages the construction of accessory buildings in <br />front of the principal building on site. The City-owned parcels adjacent to the location of <br />the proposed accessory building are currently vacant. Staff is of the opinion that the <br />proposed accessory building will not disrupt the essential character of the neighborhood. <br /> <br />It is in staff’s opinion that there are practical difficulties in meeting the setback requirements for <br />the R-1 zoning district due to the geographic constraints of the site. <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 ordinance for a rear yard setback is to require a minimum amount of <br />space between buildings and the property line. It is the staff’s opinion that there would be a <br />reasonable amount of space between the proposed accessory building, existing shed, and the <br />property line, although the building would encroach into the rear yard setback. The variance as <br />requested meets the spirit and intent of the ordinance. <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 a permitted use 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 municipal water and sanitary sewer services. <br /> <br />5. CONCLUSION: <br /> <br />It in staff’s opinion that the applicant meets all the criteria necessary to approve the variance <br />request. <br /> <br />6. RECOMMENDATION: <br /> <br />Staff recommends approval of the variance requests subject to the conditions in the resolution.