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5/28/2014 4:06:35 PM
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6/17/2013 3:24:56 PM
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Planning Files
Planning Files - Planning File #
07-035
Planning Files - Type
Variance
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� � <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 locality. 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 />5.7 The propertv in question cannot be put to a reasonable use if used under conditions <br />allowed bv the official controls: The applicants' home was built in 1947; like other <br />residential development of similar age, the improvements on this property include garage <br />space for one car, and the structure is situated on the lot such that expansion of the <br />existing garage to accommodate more vehicles is not possible within the constraints of <br />the Code. Furthermore, the proposed garage expansion would create a two-car garage of <br />modest dimensions, so the proposed encroachment represents about the minimum for <br />such an improvement. <br />While the northern portion of the driveway does not access the garage directly, it does <br />satisfy the requirement that driveways accessing County roads have a place where <br />vehicles can turn around on the property. If the northern portion of the driveway were <br />removed, the impervious surface area — with the garage addition — could possibly be <br />reduced to the 30% limit, but it would also remove the necessary turn-around area. <br />Preserving and/or repaving a suitably sized vehicle turn-around area would again <br />necessitate a variance for excess impervious coverage; because excess impervious <br />coverage appears to be unavoidable, it seems more reasonable to allow the proposed <br />improvement while maintaining the existing driveway. The Planning Division has <br />determined that the property can be put to a reasonable use under the official <br />controls if the VARIANCE request is approved. <br />5.8 The pli�ht of the landowner is due to circumstances unique to the property not <br />created by the landowner: The house and horseshoe driveway were constructed by <br />previous owners and before the City Code was amended to limit such impervious <br />surfaces, resulting in the pre-existing, non-conforming condition. The Planning Division <br />has determined that the plight of the landowner is due to unique circumstances not <br />created by the landowner. <br />5.9 The variance, if �ranted, will not alter the essential character of the localitv: The <br />proposed garage expansion will have a minimal visual impact, if any, on the surrounding <br />area. The Planning Division has determined that the allowance of the requested <br />VARIANCES 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 the Dubbeldee's request for a 2-foot side yard <br />setback VARIANCE set forth in § 1012.01 B(Supplemental Lot Requirements) and a <br />600-square-foot VARIANCE from the impervious surface area limit, established in <br />§ 1004.O1A6 (Maximum Total Surface Area) of the City Code, to allow the construction <br />PF07-035 RVBA 071107 <br />Page 3 of 4 <br />
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