4C, Planning Case 09-006, Conditional Use PErmit Amendment at 3900 Bethel Road

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Draft Planning Commission Meeting Minutes - May 6, 2009 Plannin2 Case 09-008: Variance: 1156 Amble Drive: Elaine Francis and David Yauch - Not a Public Hearinf! City Planner Beekman stated the applicant is requesting a variance to construct a second- story decorative dormer over an attached garage on a dwelling under construction at 1156 Amble Drive. While the new dwelling is being built in the legally non-conforming footprint of the former, the addition of the dormer over the garage would increase the volume of the structure within the front yard setback. City Planner Beekman then described the application and the reason for the variance request. City Planner Beekman presented an aerial photograph taken in 1953, which depicts the significant changes in the water level of the lake. She stated expansion of the lakeshore is a unique feature of the lot and impacts others homes in the area; however, the findings of fact for this variance do not specifically support a recommendation for approval or denial. She indicated the proposal appears to meet most of the variance review criteria, however, the evaluation criterion that states '"'"the plight of the landowner is due to circumstances unique to the property.. .01' is the difficult evaluation criterion. She added the property itself is not unique; however, the rising of Karth Lake has made it nearly impossible to situate the garage any differently, while requiring the dormer to be pushed back to avoid encroaching in the front yard setback would make it infeasible to construct, presenting a potentially unique situation. City Planner Beekman stated if the Planning Commission recommends approval of the variance, Staff recommends the following four conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. The structure shall conform to all other regulations in the City Code. 4. The dormer shall match the architectural styling of the rest of the primary structure. Commissioner Zimmerman requested confirmation that the dormer on the garage would be strictly aesthetic and would not increase the space above the main garage itself or be used for sleeping purposes.