Agenda - Planning Commission - 04/06/2017

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is located in the most reasonable spot within the rear yard. If granted, the variance would not alter the essential character of the locality. The structure is located on the inside of a six (6) foot privacy fence, which means the visual impact of the structure to neighboring properties is limited. Alternatives Alternative 1. Approve Resolutions #17-04-081 and #17-04-082 adopting Findings of Fact #0979 and granting a variance to the required corner side yard setback, contingent upon an executed encroachment agreement for the accessory building to be located in an existing drainage and utility easement. The Applicant unknowingly constructed the accessory structure within the required thirty (30) foot corner side yard setback. The location was chosen by the Applicant because of its level grade, the fact that it was clear of trees, it was the area furthest from neighboring properties, and for aesthetic reasons. The unique circumstance and practical difficulty in this case is the unique shape of the property and that the property fronts public right-of-way on three sides. In addition, allowing the one -hundred -twenty (120) square foot accessory structure to remain in its current location does not appear that it would alter the essential character of the neighborhood and thus, Staff supports this alternative. Alternative 2. Do not approve the variance request. While the accessory structure, as it sits today, does not meet minimum setback requirements, it would not alter the essential character of the neighborhood. Staff does not support this alternative. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: Staff recommends approving Resolutions #17-04-081 and #17-04-082 adopting Findings of Fact #0979 granting a variance to the corner side yard setback requirement, contingent upon an executed encroachment agreement between the property owner and the City for the accessory building to be located in the existing drainage and utility easement. (alternative #1). Action: Motion to adopt Resolution #17-04-081 approving Findings of Fact #0979 and Resolution #17-04-082 granting a variance to the corner side yard setback. Attachments Site Location Map Application Applicant Site Plan Letter of Support Received Photos of Shed and Property Resolution #17-04-081: DRAFT Findings of Fact Resolution #17-04-082: Variance Form Review Inbox Reviewed By Date Chris Anderson Chris Anderson 03/30/2017 12:12 PM Tim Gladhill Tim Gladhill 03/31/2017 11:27 AM Form Started By: Eric Maass Started On: 03/02/2017 09:07 AM Final Approval Date: 03/31/2017