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4.0 BACKGROUND 4.1 Ms. Mueller owns the residential property at 407 North McCarrons Boulevard. The property has a Comprehensive Plan designation of Low-Density Residential (LR) and a zoning classification of Single-Family Residence District (R-1). 4.2 The variance request is prompted by the applicant's desire to construct an attached garage on a property that is bounded by public right-of-way on three sides. 5.0 STAFF COMMENT 5.1 Section 1004.016 (Residential Setbacks) of the City Code requires that principal structures observe a 30-foot setback from rear property lines and side property lines that are adjacent to public street rights-of-way. 5.2 Section 1004.O1A5 (Overall Area) further limits the size of accessory buildings by stating that the combined floor area "of attached garage and detached accessory building(s) shall not exceed the exterior dimensional footprint of the principal structure, excluding any attached garage footprint." The existing accessory building plus the proposed attached garage adds up to about 910 square feet, whereas the residential footprint of the principal structure (not counting the attached garage) is about 1,130 square feet. 5.3 The area of the subject property is approximately 10,160 square feet; §1004.O1A6 (Maximum Total Surface Area) of the City Code permits up to 3,050 square feet of impervious coverage on a lot this size. Existing impervious surfaces cover about 2,685 square feet. The proposed attached garage and new driveway would increase the total impervious coverage to about 3,485 square feet, but the existing driveway to the detached garage would be removed, bringing the net coverage to (29.5% of the overall lot area). 5.4 Section 1004.O1A13 (Driveway Required) requires that any accessory structure large enough to accommodate one or more vehicles be provided with a paved driveway that has access to a public street; if a detached building is to be used for yard equipment, collector cars, or other seasonally-used vehicles instead of daily-use vehicles, however, no driveway is required. If the driveway to the existing detached garage is to be removed, that structure may no longer be used for parking daily-use vehicles. 5.5 The easternmost corner of the existing house is only about 14 feet from the front property line adjacent to North McCarrons Boulevard, and the proposed garage addition would achieve this same setback. Although § 1004.016 (Residential Setbacks) of the City Code requires a 30-foot setback, § 1011.02A (Existing Nonconforming Structures) allows the expansion of nonconforming residential structures provided that the nonconformity itself is not increased. This allows the house on the subject property to be expanded as long as the setback from the front property line is not reduced to less than 14 feet. Planning Division staff recommends resolving this existing nonconforming condition by including it in the variance. 5.6 Section 1013 of the Code states: "Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent PF07-056 RVBA 100307 � -� Page 2 of 4