09-24-07 Item 4D, PC07-20 for Variance at 1185 Benton Way

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The applicant has submitted a letter addressing the variance criteria, a site plan of the property, and elevations of the existing and proposed structure (Attachment 3A-l of the report to the Planning Commission). Although the applicant's letter states that the property is in the R-2 Zone, the property is actually in the R - 3 Zone. This typo does not impact the applicant's proposal. There are no previous variance requests on file for this property. The Hunters Park Homeowners Association has reviewed the proposed plans and approved them, as have the immediate neighbors to this property. Findinl!s of Fact Staff offers the following fifteen findings of fact for review: General Findings 1. Although the 8,250 square foot lot was approved as part of the Hunters Park POD, it does not meet the minimum requirements of the R-3 Zone. 2. The existing dwelling meets all property line setbacks. The detached garage encroaches on the front yard and southern side yard setbacks. 3. The proposed addition would reduce the combined side yard setbacks from 17.5 feet to 11.5 feet. The southern side yard setback would be reduced from 11.5 feet to five feet. The northern side yard setback would remain at six feet. A variance is required if the two side setbacks do not equal fifteen feet or more. 4. The proposed addition does not encroach on the rear or front setbacks. 5. The structure coverage is proposed to increase from 18.9 percent to 25.7 percent of the lot. A variance is required to exceed 25 percent structure coverage on the lot. 6. The landscape area would be reduced from 65.1 percent to 58.3 percent of the lot. A variance is required to reduce landscape area below 65 percent. 7. The dwelling with the proposed addition would not exceed the 35 foot height limit. 8. Dwellings are permitted structures within the R-3 Zone. 9. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. Variance Findings: 10. A dwelling and addition are reasonable uses within the R-3 Zone. 11. This lot is unique because its lot size was substandard for the R-3 when this subdivision was approved by the City. 12. It is unlikely the proposed addition would have a negative impact on the property or the neighborhood. The addition will not reduce the northern side yard setback, and the southern property line is adjacent to common space that is owned by the Hunters Park Homeowner's Association. The nearest dwelling unit to the south of the subj ect property is approximately sixty feet away. 13. The increase lot coverage is unlikely to have a negative impact because of the shared adj acent shared green space to the south of the subj ect property. There is a total of seven acres of Homeowners Association common green space throughout the neighborhood. IlMetro-inet\ardenhillslPlanninglPlanning Cases\2007107-020 Bacig Variance (PC Approved)\092407 - CC Report - Bacig Variance. doc Page 2 of3