Agenda - Planning Commission - 12/01/2016

Home

the property as the proposed deck would extend no closer to the front property line than the existing single family home. The site plan submitted with the original building permit application for the home indicated a front yard setback of forty-five (45)feet. However,when siting the home on the property the forty-five (45)foot setback was measured from the edge of the road rather than the front property line. This was not due to actions of the Applicant. The existing single family home has existed on the property since April of 1989. As such,the variance for the home and proposed deck would not alter the essential character of the locality as the home has existed for twenty-seven (27)years. Alternatives Alternative 1.Approve Resolutions#16-12-225 and#16-12-226 adopting Findings of Fact 40974 and granting a variance to the required front yard setback. The site plan provided with the original building permit application indicated a forty-five (45)foot front yard setback. In the field,that proposed setback was measured from the roadway rather than from the front property line which caused the home to be constructed within the forty(40) foot front yard setback. The home currently is in violation of the zoning code;however, if a variance were approved,the structure would then be considered lawful non-conforming. In addition,the construction of a 160 square foot deck does not appear that it would alter the essential character of the neighborhood as the proposed location is behind the front line of the home as it exists today and thus, Staff supports this alternative. Alternative 2. Do not approve the variance request.While the addition of a deck would expand upon a structure which is currently in violation of City Zoning Code regarding front yard setbacks, it would not alter the essential character of the neighborhood. As noted,the home has been in existence for twenty-seven(27)years and this encroachment into the front yard setback had not been identified as a concern until the Applicant applied for a Building Permit to construct a reasonably sized deck that would be accessed from an existing patio door. The deck would not extend any closer to the front lot line than the home and thus, Staff does not support this alternative. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: Staff recommends approving Resolutions 416-12-225 and 416-12-226 adopting Findings of Fact 40974 granting a variance to the front yard setback requirement(alternative 41). Action: Motion to adopt Resolution#16-12-225 approving Findings of Fact 40974 and Resolution#16-12-226 granting a variance to the front yard setback. Attachments Site Location Map Property Survey From Plat Property Survey from Building Permit Applicant Submitted Site Plan Staff Measured Site Plan Resolution#16-12-225: DRAFT Findings of Fact Resolution#16-12-226: DRAFT Variance Form Review Inbox Reviewed By Date Chris Anderson Chris Anderson 11/22/2016 11:33 AM Tim Gladhill Tim Gladhill 11/23/2016 11:32 AM Form Started By:Eric Maass Started On: 11/15/2016 11:46 AM