Laserfiche WebLink
<br /> example, the propcl1y owner must only demonstrate that an addition that <br /> cncroachcs into a particular setback is reasonablc as opposed to showing that the <br /> . property would only have reasonable use with the addition. <br /> While this is a much softer interpretation of rcasonable usc, the applicant must <br /> still address all four variance criteria listed above. <br /> Findin2,s of Fact <br /> Staff ot1ers the following eleven findings of fact for review: <br /> 1. The 12,579.97 square foot lot size is classified as a legal, nonconforming lot within the <br /> H.-I Zone, <br /> 2. The currcnt dwelling is nonconfonning because it encroaches approximately fourteen <br /> (14) feet into the front yard setback, ,5 feet into the western side setback, forty (40) feet <br /> into the drainage ditch setback, and up to twenty (20) feet into the Lake Johanna setback. <br /> .., The proposed addition would encroach approximately seven inches into the western side <br /> .) . <br /> yard setback and approximately twelvc feet into the eastern fifty foot setback trom the <br /> Lake Johanna drainage ditch. The proposed addition would not encroach any further to <br /> the lot line or the drainage ditch than the existing structure. <br /> 4. The proposed addition along with the existing structure would not exceed the impervious <br /> limits. <br /> 5. The existing single family home and the proposed addition would be used for permitted <br /> . uses within the R-l Zone. <br /> 6, The existing structure and proposed addition are outside of the twelve (12) foot wide <br /> drainage casement, the I OO-year flood plains, and any wetlands. <br /> 7, ^ variance to construct an addition that cncroached 2.5 feet into thc front yard setback <br /> was approvcd in Planning Case 074-10 on May 13,1974. <br /> 8. A variancc to construct an addition that encroached 11.5 feet into the front yard setback <br /> was approved in Planning Case 082-22 on Octobcr 18, 1982. <br /> 9. The proposed addition is a reasonable use within the R-l Zone as compared to other <br /> single f~lll1ily homcs in tbe City. The addition would be used for living space within a <br /> single-t~lmily home, which is a pcrmitted use in the R-l Zone. <br /> 10. The proposed addition is unlikely to negatively impact the cssential character of the <br /> neighborhood or the City, The sizes of the other homes along Shorewood Drive are <br /> comparable to the size of the subjcct home with the proposed addition. Approximately <br /> 70 percent of the addition is outside the setbacks and could be built without a variance, <br /> There are seventeen other homes along Shorewood Road, at least seven of which <br /> encroach as much as twcnty feet into the front yard setback (information on <br /> encroachments into side and lake setbacks was not readily available). Three of the homes <br /> have approved variances for the encroachments and the others may have been constructed <br /> prior to the current regulations, <br /> Cill' o/Arden lfills <br /> . Pllll1l1ing COII/II/ission Afet'lingfor Janu{//y 10, lOll; <br /> \ :.\[,'{m-illL'f.lIs\ar,[cnhi!!s'Plrll/llillg:l'!rll/llillg Cnst's\:!(jO('\06-035 Hl/yclI Variallce (PEN!)IN(;)\ 12:!UO(j - }'(' Report - J II/)'ell V"ri""cf',d,,c <br /> Page 7 of9 <br />