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e. The variance, if granted, will not alter the essential character of the locality. While the 43 proposed encroachment into the required reverse-corner side yard would place the garage 44 considerably closer to the South Owasso Boulevard right-of-way than any other 45 structures on nearby properties, but the attached garage would be a characteristically 46 residential improvement despite much of it standing closer to the right-of-way than the 47 zoning code allows. 48 Section 1009.04 (Variances) of the City Code also explains that the purpose of a variance is “to 49 permit adjustment to the zoning regulations where there are practical difficulties applying to a 50 parcel of land or building that prevent the property from being used to the extent intended by the 51 zoning.” The practical difficulty in this case is limited to the steep slopes that make the driveway 52 access to the side street dangerous, particularly in the winter; there is no practical difficulty in 53 building a garage that conforms to the design standards pertaining to the forward-facing 54 overhead door. 55 For these reasons, Planning Division staff cannot support the proposed 8-foot projection of the 56 forward-facing overhead garage door in front of the house. The proposed garage could be shifted 57 3 feet westward, or the depth of the garage could be reduced to 29 feet; both of these options 58 would allow the front-facing garage door to conform to the pertinent design standard. 59 Planning Division staff does, however, support the proposed encroachment into the reverse- 60 corner side yard setback area. Staff recommends approving the variance with a condition 61 requiring the removal of the existing detached garage, because the applicant’s written narrative 62 suggests the intent to remove the detached garage given its age and poor condition, and requiring 63 the removal of the existing driveway, because its problematically steep slope is a significant 64 reason for granting the requested variance. 65 PC UBLICOMMENT 66 At the time this report was prepared, Planning Division staff has not received any 67 communications from the public about this application. 68 RA ECOMMENDED CTION 69 Adopt a resolutionapproving a variance to §1004.08 of the City Code to allow the proposed 70 reverse-corner side yard encroachment but requiring the forward-facing overhead door to 71 conform to applicable standards, subject to certain conditions, based on the proposed plans, the 72 input offered during the public hearing, and the comments and findings outlined in this report. A 73 draft resolution is included with this RVBA as Attachment D. 74 AA LTERNATIVE CTIONS 75 Pass a motion to table the request for future action. a. Tabling beyond August 30, 2016 76 may require extension of the 60-day action deadline established in Minn. Stat. §15.99 77 Adopt a resolution to deny the request. b. Denial should be supported by specific findings 78 of fact based on the Variance Board’s review of the application, applicable zoning or 79 subdivision regulations, and the public record. 80 PF16-020_RVBA_20160803 Page 3 of 4