Agenda - Planning Commission - 11/30/2023

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shed is partially screened from the street by an existing mature tree and a bank of mailboxes. Additionally, the Applicant has planted several bushes and another evergreen tree along the west side of the shed to provide screening from adjacent properties. Additional Considerations The Applicant's request was initiated by a code enforcement request as the Applicant had constructed the accessory structure in the front yard without first obtaining a permit. Thus, this is an after -the -fact request for a variance. The accessory structure is 80 square feet in area. Accessory structures that measure less than 200 square feet in area do not need permits under the newly -adopted Zoning Code, though permits were required at the time of the shed's installation. All accessory structures are still subject to all applicable standards in the Zoning Code, and it is the applicant's responsibility to comply with those regulations. With the requested variance, the Applicant would be able to bring the Subject Property into compliance with the City's Zoning Code. Three Factor Test Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner. This includes reasonableness, uniqueness, and essential character. • Reasonableness: A shed to store yard equipment is not only reasonable, but very typical in residential neighborhoods. Several of the neighboring properties have sheds of similar size. • Uniqueness: The unique shape of the Subject Property's boundaries impacted the placement of the house, and by default, the placement of the shed. Additional unique characteristics of the Subject Property include the steep slope along both sides of the house, and a lack of space in the rear yard for constructing or placing a shed without impeding drainage patterns. • Essential Character: This neighborhood is zoned R-1A, Single Family Residential District. A mature evergreen tree and a bank of mailboxes are located between the Subject Property and the property to the southwest, and they provide visual screening between the two properties. The Applicant has installed additional vegetation to build upon the existing screening. Once the additional vegetation matures, the general public would realistically never know that the shed encroaches into a setback. Alternatives Alternative 1: Approve the variance to the front yard setback for the accessory structure. Based on the unique shape, slope, and drainage patterns of the Subject Property, as well as the Applicant's installation of additional vegetation, the variance seems reasonable. Staff supports this alternative. Alternative 2: Deny the variance. Without an approved variance, and since there are no other suitable locations for the shed on the property, the Applicant would need to remove the shed. The 15-foot front yard setback for the shed does not impact any easement. Staff does not support this alternative. Alternative 3: Approve the variance with any reasonable conditions that mitigate the impacts of the variance to the neighborhood. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: Staff recommends the Planning Commission adopts Resolution #23-294, Approving a Variance to Accessory Structure Setbacks at 6070 143rd Lane NW. Outcome/Action: Motion to adopt Resolution #23-294, Approving a Variance to Accessory Structure Setbacks at 6070 143rd Lane NW. Attachments Site Location Map