CCP 03-13-2006 - Laserfiche WebLink

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Findings for Approving the Variance The three Commissioners recommending approval of the variance to construct an addition to the accessory structure based their recommendation on the following ten findings of fact offered in the case report: I. The accessory structure, with the addition, at 21 feet 9 inches in height would not exceed the height of the dwelling at 30 feet 4 inches to the peak (Although height is normally measured at the halfway point between the peak and the eaves for this type of structure, the dwelling is well below the 35 foot height limit even at the peak and the accessory structure is less than the height of the dweIJing). 2. The accessory structure is in the front yard, which is not allowed. However, because the lot abuts a lake and because the lot width limits access to the rear portion of the lot, it would be impractical to move the accessory structure to the rear yard. 3. The proposed accessory structure exceeds the maximum 728 square feet of dctached accessory structure square footage by approximately three square feet. 4. The circumstances related to this variance are unique to the property. The twenty foot wide utility easement that crosses the property immediately in front of the dwelling from north to south means that it would not be possible to construct an attached garage to the dwelling. 5. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The Zoning Ordinance allows accessory structures in the R-2 Zone and would allow a larger structure attached to the dwelling if that were possible. 6. The applicant does currently have reasonable use of the property with the existing dwelling and accessory structure without the additions. However, the unique circumstances of the property limit the use of the property compared to other properties within the R-2 Zone. 7. The hardship was not created by the owner. Many of thc lots along the western side of Lake Johamla are non-conforming, including the three lots immediately south ofthe subject property. 8. Granting the variance would not alter the essential character of the neighborhood. Of the 22 properties along the southwestern edge of Lake Johanna, twelve properties have an accessory structure or part of the principal structure encroaching on the front yard setback. 9. The variance is not based on economic considerations alone. The area on most of the lots along the southwestern side of Lake Johanna limits the potential locations of accessory structures. 10. Detached accessory structures up to 728 square feet arc aIJowed in the R-2 Zone; however, the unusual configuration of this lot and the character of the neighborhood make this a unique situation in the R-2 Zone. The motion to approve included the following seven conditions: \\Mell'O-inet.us',ardenhifls\PlanningIPlanning Casesl,200610(j~006 Westlund variance (PEND1NG)\030206 CC Report - Westlund Variance_doc Page 4 of6 . . .