2014-12-03_VB_Agenda - Laserfiche WebLink

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surfaces that may havemuch broader applicability than just single-family properties and so may 47 take considerable time to complete.City staff iscomfortable that the proposed improvements are 48 consistent with the likely zoning amendment, and issupportive of the variance to avoid 49 penalizing the applicant for the time it takes the City to implementthe contemplated amendment. 50 VA ARIANCENALYSIS 51 RV:Section 1009.04Cof the City Code establishes 52 EVIEW OF ARIANCE APPROVAL REQUIREMENTS a mandate that the Variance Board make fivespecific findings about a variance request as a 53 prerequisite for approving the variance.Planning Division staff has reviewed the applicationand 54 offers the following draft findings. 55 a. The proposal is consistent with the Comprehensive Plan.Planning Division staff believes 56 that the proposal is generallyconsistent with the Comprehensive Planbecausethe 57 residential improvements conform to the size and scale of what ispromoted by the 58 Comprehensive Plan’s goals and policies for residential areas. 59 b. The proposal is in harmony with the purposes and intent of the zoning ordinances. 60 Planning Division staff believes thattheproposalis consistent with the intent of the 61 zoning ordinances because while the new improvementswill involve more “building 62 footprints and paved surfaces” than the code text strictly allows, thezoning ordinance’s 63 intent is to regulate impervious coverage and the proposed impervious coverage is within 64 the regulatory limit. 65 c. The proposal puts the subject property to use in a reasonable manner.Planning Division 66 staff believes that the proposalmakes reasonable use ofthe subject propertybecause the 67 improvements would appear and function like a typical residential property while the 68 proper installation and maintenance of a pervious paving system will mitigate excess 69 storm water impacts. 70 d. There are unique circumstances to the property which were not created by the 71 landowner.Planning Division staff believesthat theunique circumstancesthat justifythe 72 approval of the requested variancein this case are twofold;first, the parcel has 73 substandard area,which has the effect of the proposed improvements occupying a larger 74 percentage of the property than if the improvements were situated on a parcel of 75 conforming area. Second,the proposal is consistent with code requirementslikely to be 76 adopted in the future, but staff is uncertain about when the necessary zoning amendment 77 might be ready to present to the Planning Commission for a public hearing and a 78 recommendation for City Council action. 79 e. The variance, if granted, will not alter the essential character of the locality.Although 80 the proposed residence is larger than the historically small homes in this area, many of 81 these older homes were originally built as cabins, andthe scale of the proposed 82 development is consistent with that of the newer homes that are being built to replace the 83 older structures. For this reason, the variance, if approved, would not negatively alter the 84 character of the surrounding residentialneighborhood. 85 Section 1009.04 (Variances) of the City Code explains that the purpose of a varianceis “to 86 permit adjustment to the zoning regulations where there are practical difficulties applying to a 87 parcel of land or building that prevent the property from being used to the extent intended by the 88 zoning.” Theproposalappears to compare favorably with all of theaboverequirements essential 89 for approving variances.Moreover,the proposed improvements would likely be permitted by the 90 PF14-030_RVBA_120314 Page 3of 5