05-03-23-PC Agenda - Laserfiche WebLink

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Page 3 of 6 Structure Setbacks – Variance Requested In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The minimum side yard setback is 10 feet and the minimum total of both side yards on a lot is 25 feet. The current structure complies with the minimum setback requirements in the R-1 District. The proposed third stall garage addition would have a side yard setback of 10 feet as measured from the east property line. Today, the existing side yard setback is 18.33 feet. The Applicant is requesting a variance to decrease the required total side yard setback from 25 feet to 20.33 feet. The proposed garage addition would conform to front, rear, and one minimum side yard setback requirements. Existing Proposed Garage Addition Front Setback 41.16 feet 41.16 feet Rear Setback 37 feet 30.66 feet Side Yard Minimum (west) 10.33 feet 10.33 feet Side Yard Total Both Side Yards 25 feet 20.33 feet Landscaped Area – Meets Requirements In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 9,144 square feet. The Subject Property has an existing landscaped area of 10,492 square feet or 75%. The proposed addition would decrease the total landscaped area to 9,507 square feet, or 68% percent of the property. Structure Coverage – Meets Requirements The R-1 District allows for a maximum structure coverage of 25% or 3,517 square feet of the Subject Parcel. The existing structure coverage is 2,556 square feet or 18%. The proposed addition would increase the total structure coverage by 495 square feet for a total of 3,051 square feet, or 22% of the Subject Property. 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment.