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5/28/2014 4:07:59 PM
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6/17/2013 3:21:45 PM
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Planning Files
Planning Files - Planning File #
07-031
Planning Files - Type
Variance
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� ^ <br />means the property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls, the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner, and the variance, if <br />granted, will not alter the essential character of the localiry. Economic considerations <br />alone shall not constitute an undue hardship if reasonable use for the property exists <br />under the terms of the ordinance ... The board or governing body as the case may be may <br />impose conditions in the granting of variances to insure compliance and to protect ". <br />5.9 The property in question cannot be put to a reasonable use if used under conditions <br />allowed bv the official controls: The applicants' house, as noted above, is among the <br />smallest in the city, and fails to meet the needs of the typical, modern family. If the lot <br />area were compliant with Code requirements, the improvements could be accommodated <br />without the need for a variance for excess impervious coverage nor, conceivably, for an <br />encroachment into the required side yard setback. As it is, however, the size of the <br />property does not allow the proposed improvements, which are consistent with the type <br />of residential investments that are encouraged by City policies, without variances. The <br />Planning Division has determined that the property can be put to a reasonable use <br />under the official controls if the VARIANCE request is approved with conditions. <br />5.10 The plight of the landowner is due to circumstances unique to the property not <br />created by the landowner: This property was platted and improved in 1955 and the lot <br />is narrower and smaller in area than the Code currently allows. On a code-compliant, 85- <br />foot wide,11,000-square-foot lot, an addition like the one proposed would neither extend <br />into the required side yard setback nor exceed the impervious coverage limit if the garden <br />shed were removed. The Planning Division has determined that the plight of the <br />landowner is due to unique circumstances not created by the landowner. <br />5.11 The variance, if granted, will not alter the essential character of the locality: Homes <br />in this area are predominantly in the Rambler style. The proposed expansion is intended <br />to be in keeping with this style and would be mostly invisible from the public realm. The <br />Planning Division has determined that the allowance of the requested VARIANCES, <br />with conditions, will not alter the essential character of the locality, nor adversely <br />affect the public health, safety, or 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 APPROVAL of Mr. Gross' request for a 2-foot VARIANCE to <br />side yard setback required in § 1012.O1B (Supplemental Lot Requirements) and a 350- <br />square-foot VARIANCE from the impervious surface area limit, established in <br />§ 1004.01 A6 (Maximum Total Surface Area) of the City Code, to allow the construction <br />of the proposed residential addition on the property at 2613 Fry Street, subject to the <br />following conditions. <br />a. The size of the proposed addition must not exceed that illustrated in the plans <br />reviewed with this application, and the total impervious surface area on the <br />property shall not exceed 34.5% of the lot area; <br />PF07-031 RVBA 071107 <br />Page 3 of 4 <br />
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