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Last modified
7/17/2007 1:56:30 PM
Creation date
5/20/2005 4:15:33 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3378
Planning Files - Type
Variance
Address
2415 Dale Street No
Project Name
Chirello, Dale
Applicant
Chirello, Dale
Status
Approved
PIN
112923140059
Date Final City Council Action
4/29/2002
Additional Information
05/024/2002: City Manager approving waiver of impervious surface requirement & requirement ot demolish the existing garage before constructin of the new garage
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<br />4.4 In his application Mr. Chierello has indicated that he believes the detached garage would <br />fit into the neighborhood and would not impact traffic, parks, streets and property values <br />in the area. <br /> <br />5.0 STAFF FINDINGS: <br /> <br />5.1 Section 1004.01A5 states: Overall Area: The overall area of an attached garage and <br />detached accessory bui1ding(s) shall not exceed the exterior dimensional footprint of the <br />principal structure, excluding any attached garage footprint. Mr. Chierello's proposed <br />896 square foot detached accessory building would be 128 square feet larger than <br />the current exterior dimensional footprint of the principal "residential" structure <br />on the premises. <br /> <br />5.2 Section 1004.01A3 states: Detached Accessory Building Size Limit: Total detached <br />accessory building area shall be limited to forty percent (40%) of a required rear yard <br />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%). Under this code requirement <br />Mr. Chierello has a rear yard building area allowance of 900 square feet. <br /> <br />5.3 Section 1004.01A6 (Maximum Total Surface Area) affords a residential property owner <br />an impervious lot coverage of 30%. Impervious items include driveway, sidewalk, patio <br />and all covered structures. The Community Development Staff has determined that <br />the Chierello parcel is limited to 3,015 square feet of impervious area. <br /> <br />5.4 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 />5.5 The Community Development Staff has concluded the Code would allow a 768 square <br />foot detached accessory structure on the premises (no larger than principal structure) and <br />a (one) 120 square foot garden shed for a total of 888 square feet of accessory building <br />storage space. <br /> <br />5.6 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 />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 />5.7 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use ifused under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential character of the locality. Specifically to this request: <br /> <br />PF3378 ReA 041502.doc Page 3 of7 <br />
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