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Community Development Department 651.490.2279. fax: 651.490.2931 Alternative #2 requires a 2-foot side yard setback variance or setback permit for the proposed 21 ' wide garage. It may also require a I-foot (or more) driveway setback variance, depending on the fmallocation of the driveway. Thomas Paschke wrote, "On AprilS, 2000 you submitted an application for a side yard setback variance to construct the new four-stall garage (Alternative 1). The Development Review Committee (DRC) considered your application for completeness and determined that it could not proceed with the request. The application was rejected due to City Policy and Codes regarding structure setback and distance from property line." The DRC may only consider setback that are 3 feet or more from the property line. If you wish to pursue this avenue, a full variance procedure is necessary and includes a hearing by the Pla...'1Iling Commission and a decision by the City Council. The DRC has no authority to issue a 5-foot setback permit that would place a structure on the property line. The DRC, through Thomas, advised that it would be difficult to meet the State Statute required "physical hardship" or "alternative design" tests. The City , notified you of this action. Alternatives include a "Setback Permit" (Section 1013.05 of the city Code), which requires the proposal to meet a minimum of 8 of 12 site conditions listed in Section 1013 .05. See the attached list. On April 25, the DRC reviewed your revised submittal (Alternative #2) that requested a Setback Permit. The DRC determined that the request did not meet the purpose and intent of the Setback Permit process, which in part is to upgrade properties while maintaining the overall character of the community and meeting the code requirements in all other areas. The Code only requires 2 on-site parking spaces per dwelling unit and favors setback permits for sites with one space or less; your proposal would have 5 garage stalls and numerous exterior sites. The Setback Permit proposal must improve terrain or drainage issues - even at 3 feet from the property line, it would be difficult to respect the adjacent property (as wood piles have shown in the past). The proposal must improve the design of the structure (the proposal does not and will dominate the house by setting out 24 feet in front of the existing house); must be consistent (or similar to) with the building masses on contiguous sites; and must not create need for other setback permits or variances such as driveways setbacks. After review of the DRC recommendation, I continue to support the DRC recommendation and will not approve issuance of the setback permit. Thomas did notify you of the DRC determination and discussed possible options for you. I think there are a number, such as: building a 19 foot wide attached garage,S feet from the property line; remove and redesign the existing attached garage with more depth (up to 42 feet) and width (up to 31 feet in width); appeal my decision on the setback permit in writing to the City Manager 2