pf_03378 - Laserfiche WebLink

Home

5.7 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City staff has determined that the property can be put to a reasonable use under the official controls. Mr. Chierello could replace the existing detached garage with structure that is 28 feet by 26 feet or 728 square feet in size and construct a 120 square foot garden shed somewhere in the rear yard. However, the Community Development Staff has concluded that it is reasonable to allow the combination of a garden shed (120 sq. ft.) and the maximum accessory structure allowed by code (768 sq. ft.). In this case the two combined (with an 8 sq. ft. variance) could afford the applicant the accessory structure desired (28 by 32 or 896 square feet) and place conditions of the lot restricting the number of accessory structures on the property to one and limiting the size. Under this scenario the variance is reduced from 128 square feet to 8 square feet. Accesso Structure Size 768 s . ft. 896 s . ft. 896 sq. ft. Shed Size 120 s . ft. 120 s . ft. Not allowed Total 888 s . ft. 1,016 s . ft. 896 sq. ft. Variance Cit Code - Max Pro osal Staff Option NA 128 s . ft. 8 sq. ft. B. The plight of the land owner is due to circumstances unique to the property not created by the land owner: Mr. Chierello desires a larger, more modem accessory structure to accommodate a trailer, vehicles, and other storage needs. This plight or desire is not unique to the property and is wholly created by the property owner. However, affording the property owner a combination of garden shed and accessory structure size, seems reasonable and is consistent with recent Planning Commission practice. C. The variance, ifgranted, will not alter the essential character of the locality: The surrounding neighborhood has a mix of housing types and accessory structures. The proposed 896 square foot detached garage would be located further back into the lot and could be screened from the property to the north assisting in minimizing any massing impacts. The design could be modified through conditions to break-up the mass of the sides facing adjacent properties by requiring windows and low roof heights. The Community Development Staff has determined that the proposed garage would not alter the essential character or the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties. PF3378 RPCA 030602 Page 4 of7