08-13-07 Agenda Item 4C - Laserfiche WebLink

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additional variances, which were withdrawn by the applicant prior to the August 1, 2007, Planning Commission meeting, The withdrawn variances do not require any action by the City Council. Findinl!:s of Fact The Planning Commission offers the following thirteen findings of fact for review: General Findings: 1. The lot size of 15,241 square feet and the lot dimensions are conforming III the underlying R.2 Zone, 2. The existing dwelling meetings all property line setbacks. 3. The proposed dwelling would be as close as 18 feet to the western property line, which is a twelve foot encroachment into the rear setback. 4, The proposed dwelling does not encroach on any other required setbacks, 5, The existing detached accessory structure is nonconforming because it encroaches into the southern side yard and western property line setbacks, The existing accessory structure is inches from the western property line and approximately six feet from the southern side property line. 6, Reconstructing the existing accessory structure to the same dimensions or less would not require a variance. 7, The proposed new dwelling does not exceed the 35 foot height limit. 8, The proposed new dwelling and accessory structure are permitted uses in the R-2 Zone. 9, The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. On the Variance Request: 10. A dwelling with attached garage is a reasonable use within the R-2 Zone. 11, The lot does not have any unique characteristics that warrant the approval of the variance. A structure can be built that respects all setback requirements in the underlying zone. 12. Given the location of the property and development characteristics of adjacent properties, it is unlikely that the proposed dwelling and attached garage would negatively impact the character of the surrounding neighborhood or City. The structure to the south is 40 feet from the western property line while the structures to the north are close as ten feet to the western property line, 13, The proposed plans and setback variance for the dwelling do not appear to be based entirely on economic considerations, Recommendation The Planning Commission recommends denial (6-0) of Planning Case 07-017 for a Variance at 3441 Lake Johanna Boulevard Based on the Findings of Fact in the August 13,2007, Planning Case Report. \\Metro-inet.us\ardenhi//slPlanninglPlanning Cases\2007\07-016 Gonzalez Variance (PCDenia/)\081307 - CC Report- Gonzalez Variance.doc Page 2 00