CCP 07-28-2003 - Laserfiche WebLink

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.. -- . . . 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? The stated Purpose and Intent of the City's Zoning Ordinance include the following applicable statements: This ordinance is enacted for the following purposes: · To promote the character of and preserve and enhance the properties and areas within the City including wetlands, ponds, and marshes. (Section I,B,2) · To fix reasonable standards to which buildings, structures and land shall conform for the benefit of alJ.(Section I ,B,7) The stated purpose of the R-l Single Family Residential District is as follows (Section 5,D,I): 1. To establish areas for the development of single family detached housing at a maximum density of approximately 3 units per acre. 2. To reserve development areas for single-family housing. 3. To restrict encroachment of incompatible uses. 4. To maintain density limitations. 5. To take advantage of municipal utilities. 6. To preserve open space. Yes. The variance requested appears to comply with the stated Purpose and Intent of the City's Zoning Ordinance and of the purpose of the R-l: Single Family Residential District. The Zoning Ordinance allows principal structures to be set back thirty feet from the rear property line in the R-l District. The applicant has proposed replacing the existing deck which is 12 feet deep and adding an additional 6 feet to the deck which would place the deck 12 feet from the southern property line. The applicant has indicated that the 12-foot setback would allow for an addition to the deck to allow the applicant to construct a pergola on the deck and still provide some additional open space on the deck. The applicant has also reviewed whether a smaller variance would work, however, that would not accommodate the space necessary to add the pergola. The applicant has indicated that had their home not been built so close to their southern property line that they may have been able to construct a pergola on the deck without a variance or perhaps with a smaller variance. Since the home is located 30 feet from the southern property line it would preclude the extension of the deck which would be permitted on other parcels in the same district. Also, since the only property affected appears to be Floral Park and there is a thick area of trees which adequately screen the rear of the property (and in affect create additional "setback" area [while this cannot technically be counted as setback area]); staff is of the opinion that granting the variance would be in keeping with the spirit and intent of the Zoning Ordinance. PC #03-16- PC Report 07/09103 - Page 4 of6