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<br />3.0 STAFF COMMENT <br /> <br />3.1 Section 1004.01A3 reads as follows: Detached Accessory Building Size Limit: Total <br />detached accessory building area shall be limited to forty percent (40%) of a required rear <br />yard area, up to a maximum size of eight hundred sixty four (864) square feet. The forty <br />percent (40%) rear yard limitation is calculated by taking the width of the subject lot or <br />parcel and multiplying it by the required rear setback depth of thirty feet (30'), then <br />multiplying that number by 0.4 or forty percent (40%). <br /> <br />3.2 An accessory structure between 864 and 1,008 square feet can be constructed in a rear <br />yard ifit meets the requirements of Sections 1004.01Al (Number of Structures), <br />1004.01A5 (Overall Area), and 1004.01A6 (Maximum Total Surface Area), and if a CUP <br />is granted. <br /> <br />3.3 The Boucher's have requested approval of an accessory building that is 108 square feet <br />greater than their parcel's allowable rear yard area, requiring approval of a variance. <br /> <br />3.4 Section 1004.01A2 allows one garden shed that does not exceed 120 square feet. The <br />garden shed is not considered an accessory building, thus is not required to meet certain <br />applicable codes indicated in Section 1004.01. <br /> <br />3.5 Staff has concluded the Code would allow a 900 square foot detached accessory structure <br />on the premises with a conditional use permit and a (one) 120 square foot garden shed for <br />a total of 1,023 square feet of accessory building storage space. <br /> <br />3.6 The Boucher's prefer centralizing their items and limiting the number of structures on the <br />property. They have a modest backyard and would like to keep the area free of additional <br />structures. <br /> <br />3.7 An accessory structure 1008 square feet in size eliminates the need for a second structure <br />(garden shed or larger). <br /> <br />3.8 The proposed accessory structure and its placement on the parcel lot reduce the amount <br />of pavement (impervious area) necessary for access and use. <br /> <br />3.9 A single structure allows better control of roof runoff via gutters and the impac rain water <br />has on adjacent properties. <br /> <br />4.0 STAFF VARIANCE FINDINGS <br /> <br />4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance <br /> <br />4.2 Variance may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be demonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br /> <br />PF3323 RPCA (071101) Page 2 of 5 <br />