Agenda - Council - 06/25/2002 - Laserfiche WebLink

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The site plan submitted and an on-site inspection reveal that the rear yard is consumed by a well, pool, and storage shed; the septic system, drainfield, alternate drainfield site, and numerous mature trees are located in the north side yard. Additionally, the house is oriented to have the garage on the south side. There are some existing trees and shrubs on the common property line with the neighbor to the west. For the record, Mr. Ronallo's attached garage, storage shed and this proposed garage total 1,412 square feet. Mr. Ronallo's property is eligible for a total of 1,488 square feet of accessory building and garage space. The Board of Adjustment met on June 6 and conducted the public hearing. A letter was entered into the record of the hearing from Mr. Bob Lea, opposing the request for variance. The Board was unable to determine a hardship in Mr. Ronallo's case. The location of the pool is preventing Mr. Ronallo from complying with the setback requirement of 50 feet. Mr. Ronallo created his own hardship when he placed the pool in this location. The pool can be relocated and does not represent a physical uniqueness on the property that is causing undue hardship. The Board of Adjustment adopted negative findings of fact and denied Mr. Ronallo's request for a variance. The Board did instruct Staff to draft an ordinance to amend the City Code to eliminate the requirement to comply with the setback of structures on adjacent parcels, and perhaps reference the setback of the principal structure on the subject property. In reviewing the new residential standards that take effect on July 11, Staff determined that the City is going with a simple 40 foot setback on coruer lot side yards. Staff is recommending that we not pursue a change to the newly adopted ordinances at this time. If Mr. Ronallo's appeal for a 26 foot setback is denied, he will have to amend his project plans to comply with the new the 40 foot setback requirement. Recommendation: The Board of Adjustment ruled that Mr. Ronallo's case does not meet the criteria for granting a variance. Additional City Code currently does not have provisions for granting variances based on 'practical difficulties'. In the event Council determines that there is a hardship, Staff is recommending that Mr. Ronallo adhere to a setback of 35 feet, versus the 26 feet proposed. Thirty five (35) feet is the current standard minimum. When the new ordinance takes effect on July 11 for a 40 foot setback, Mr. Ronallo's request will equate to a 5 foot variance, rather than a 14 foot variance. - :~ n: /~lp.t Resolution #02-06- } . adopting Findings of Fact #0 , relating to ~ ,eno and ~ufie Ronallo's request for a variance.. -276- I' I I ! I I I I ! I I I I I I I I i I