01-29-07 Item 7B, Planning Case 06-035 Variance at 3203 Shorewood Drive

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2. The current dwelling is nonconforming because it encroaches approximately fourteen (14) feet into the front yard setback, .5 feet into the western side setback, forty (40) feet into the drainage ditch setback, and up to twenty (20) feet into the Lake Johanna setback. 3. The proposed addition would encroach approximately seven inches into the western side yard setback and approximately twelve feet into the eastern fifty foot setback from the Lake Johanna drainage ditch. The proposed addition would not encroach any further to the lot line or the drainage ditch than the existing structure. 4. The proposed addition along with the existing structure would not exceed the impervious limits. 5. The existing single family home and the proposed addition would be used for permitted uses within the R-I Zone. 6. The existing structure and proposed addition are outside of the twelve (12) foot wide drainage easement, the 100-year flood plains, and any wetlands. 7. A variance to construct an addition that encroached 2.5 feet into the front yard setback was approved in Planning Case 074-10 on May 13, 1974. 8. A variance to construct an addition that encroached 11.5 feet into the front yard setback was approved in Planning Case 082-22 on October 18,1982. 9. The proposed addition is a reasonable use within the R-l Zone as compared to other single family homes in the City. The addition would be used for living space within a single-family home, which is a permitted use in the R-I Zone. 10. The proposed addition is unlikely to negatively impact the essential character of the neighborhood or the City. The sizes of the other homes along Shorewood Drive are comparable to the size of the subject home with the proposed addition. Approximately 70 percent of the addition is outside the setbacks and could be built without a variance. There are seventeen other homes along Shorewood Road, at least seven of which encroach as much as twenty feet into the front yard setback (information on encroachments into side and lake setbacks was not readily available). Three ofthe homes have approved variances for the encroachments and the others may have been constructed prior to the current regulations. 11. The drainage ditch, nonconforming lot size, groundwater level, and the relatively small building pad pose unique challenges to expanding west, east, down, up, toward the lake, or toward the road on this property. The property and required setbacks is unique as compared to most other property in the R -1 Zone. 12. The proposed addition is not based on economic considerations alone. Recommendation The Planning Commission reviewed Planning Case 06-035 and unanimously (4-0) recommends approval of the Variance for 3203 Shorewood Drive based on the submitted plans and twelve findings of fact. The recommendation for approval is subject to the following three conditions: I. The project shall be completed in accordance with the plans submitted. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. \\Mclro-il1ef.us\ardenhillsIPlanlling\Planning Cases\2006\06-035 Huyell Variance (PENDING)\Ol1907 ~ CC Report Huyett Variance.doc Page 3 of 4