4.1. BASR 03-26-2002 - Laserfiche WebLink

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Memo to Board of Adjustments March 26,2002 Page 2 line. Existing single-family dwellings surround the subject property. There are several mature trees along the west property line,and there was no information provided indicating which property these trees were located on. Regardless of ownership,the trees would be adversely affected due to any construction. Overview The proposed addition, approximately 14 feet wide,would increase the garage capacity to two cars (approximately 26 feet wide). The applicant also plans to raise and widen the driveway to relieve drainage issues. The current condition of the driveway and street causes water to stand at the end of the driveway during rainstorms and snowmelt. According to the Building and Zoning Department,the addition would need to be at least three feet from the property line,unless the garage wall were to meet the building code of a one-hour wall type. The City's ordinance also states that any improved driving surface needs to be at least five feet from side property lines. Adding a 10 foot addition to create a 22 foot wide garage with a single garage door would meet the applicant's needs of providing another stall to the garage while being able to maintain the required setback of five feet. Analysis In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances,which are peculiar to the property and the structure involved and which are not characteristic of,or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. Literal enforcement would require the applicant to build an addition that may not suit their needs. There are no special conditions peculiar to the property. There is adequate room to build a two-car garage that complies with the setback requirements. In addition,the garage could be deepened to provide additional storage area if required. S:\PLANNING\Case Files\V 02-02 Turner\V02-02.DOC