4D, Planning Case 09-022 - 1563 Edgewater Avenue

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Chair Larson stated that in his opinion after reviewing the submitted information and the footprint it is possible to fit a home within the setbacks and granting a variance request would not be in the spirit and intent of the code. Commissioner Reiff disagreed with Chair Larson stating the other homes in the neighborhood are non-conforming and encroach into the setbacks. This applicant should not be asked to meet all the setbacks when there are no other homes in the neighborhood that do. Granting the variance would be keeping with the character of the neighborhood. Commissioner Thompson stated the homes that are non-conforming were built before the regulations and code were in place and now that it is in place it should be followed. The Planning Commission can take minor changes such as those due to topographical issues into account for granting a variance. The floor area ratio does need to be taken into consideration as well. A reasonable approach would be to not allow for these variance requests due to the setbacks. Commissioner Reiff stated denying this request would really be denying the applicants the ability to build a new home on this lot and this would not be consistent with the intent of the code. The applicants should not be required to be within all the setbacks when the other homes in the neighborhood are not. Commissioner Holewa stated a new home does not have to be built because the current home is a legal non-conforming home. He further stated the applicant could put a new home on the current foot print but when someone decides to build a new home then they would need to work with the City's codes. Chair Larson stated that there would be room for a home without changing the setbacks and an architect would be able to work with the owners to design a suitable home for them. Commissioner Modesette stated she would not be comfortable with these variance requests because it is encroaching so far on the one side and this would not be with the spirit or intent of the code. Chair Larson stated that the applicants have not been able to prove hardship in this particular case because a home could be constructed on this lot that worked within the setbacks. Commissioner Holewa moved, seconded by Commissioner Thompson to recommend denial of Plannin� Case 09-022 for a variance at 1563 Ed�ewater Avenue due to the setbacks. City Planner Beekman clarified that if the request is denied then the applicants could not come back to the Planning Commission for six months. The motion was called to a vote.