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pf07-003
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5/28/2014 2:18:25 PM
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6/14/2013 1:46:21 PM
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Planning Files
Planning Files - Planning File #
07-003
Planning Files - Type
Variance
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• . <br />5.14 The propertv in question cannot be put to a reasonable use if used under conditions <br />allowed bv the official controls: Many residential properties in this area face the <br />compounding constraints of smaller-than-normal lot sizes and larger-than-normal front <br />setbacks, which causes even the most modest site development to meet or exceed the <br />impervious coverage limit. Nearly any alterations on these properties will therefore <br />require one or more variances; but even so, the scale of any new developments on these <br />lots needs to conform to the size of the lot. In light of the situation identified in Section <br />5.4 of this report, Planning Division staff could support a variance for an encroachment <br />into the rear yard setback. And because the existing garage is small and in poor <br />condition, staff could also support a variance to the impervious coverage limit, since any <br />reasonable two-car garage (whether attached or detached) would require such a variance. <br />For these reasons, the Planning Division has determined that the property can be put <br />to a reasonable use under the official controls if the VARIANCE request is <br />approved. But the size of the proposed garage, which is large enough for storing a boat <br />or camper in addition to two vehicles, exceeds what Planning Division staff can consider <br />"reasonable". Therefore, while coverage and setback variances would still be necessary <br />to accommodate a more modest proposal, staff cannot support variances to the degree <br />requested. <br />5.15 The plight of the landowner is due to circumstances unique to the property not <br />created bv the landowner: The current situation is unique to properties like the one in <br />question. As stated above, such pre-existing nonconforming lots face unusual <br />development constraints, and a number of them require one or more variances to allow <br />the kinds of improvements that are supported by City housing policies; this is a condition <br />not created by this owner or any previous land owner. The Planning Division has <br />determined that the plight of the landowner is due to unique circumstances not <br />created by the landowner. <br />5.16 The variance(s), if �ranted, will not alter the essential character of the locality: <br />Most of the lots surrounding the subject property appear to have impervious surfaces <br />covering 40% to 60% (or more) of the entire lot area, so allowing about 41 % coverage on <br />this property would not change the character of the surrounding residential area. The <br />mitigation of marginal storm water runoff, as a condition of approval, would prevent <br />adverse impacts to the public health safety and general welfare. The Planning Division <br />has determined that the allowance of the requested VARIANCES will not alter the <br />essential character of the locality, nor adversely affect the public health, safety, or <br />general welfare of the city or adjacent properties. <br />6.0 STAFF RECOMMENDATION: <br />6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning <br />Division recommends DENIAL of the Ronke request for a 900-square-foot VARIANCE <br />from § 1004.01 A6 (Maximum Total Surface Area) and the 18-foot VARIANCE from <br />§ 1004.016 (Residential Setbacks) of the City Code which would allow the construction <br />of the proposed residential addition on the property at 1311 Ryan Avenue. <br />6.2 If the Variance Board prefers to approve the requested VARIANCES because of the <br />unusual circumstances of the property, the Planning Division recommends the following <br />conditions designed to mitigate the effects of the excess impervious coverage: <br />PF07-003 RVBA 010307 <br />Page 4 of 5 <br />
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