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Last modified
7/17/2007 1:59:16 PM
Creation date
6/9/2005 3:39:07 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3397
Planning Files - Type
Conditional Use Permit
Address
1055 Shryer Avenue
Project Name
Dahman, Knut
Applicant
Dahman, Knut
Status
Approved
PIN
142923230003
Date Final City Council Action
6/17/2002
Date Final Planning Commission Action
6/5/2002
Additional Information
Variance and CUP
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<br />4.3 In the past year the City has processed a number of requests for larger accessory <br />structures that have been proposed on larger than normal (85 foot by 110 foot) residential <br />lots. The Community Development Staff has been able to legitimize these requests, with <br />the support of the Planning Commission. The Dahmann request fits into the category. <br /> <br />5.0 STAFF COMMENTS/FINDINGS: <br /> <br />5.1 Section 1004.0lA5 states: Overall Area: The overall area of an attached garage and <br />detached accessory building( s) shall not exceed the exterior dimensional footprint of the <br />principal structure, excluding any attached garage footprint. The combined accessory <br />building square footage (1,419) does not exceed the exterior dimensional footprint of <br />the principal "residential" structure (1,599 est.) on the premises. <br /> <br />5.2 Section 1004.0lA3 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. Dahmann has a rear yard building area allowance of 1,539 square feet. <br /> <br />5.3 Section 1004.0lA6 (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 Dahmann parcel is limited to 11,476 square feet of impervious area. <br /> <br />5.4 Section 1004.0lA2 allows one garden shed that does not exceed 120 square feet and is <br />not counted as an accessory building (2 accessory buildings are allowed). However, the <br />roof surface is included in the overall calculation of impervious surface. <br /> <br />5.5 Summarizing, the staff has determined the Code would allow accessory structures up the <br />maximum size of 1,008 square feet. However, the rear yard limit and principal <br />structure footprint would allow a larger square footage. <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 if used 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 />PF3397 RPCA 060502 Page 3 of7 <br />
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