Laserfiche WebLink
EOty1� ,.,�� Request for Action <br /> River <br /> To Item Number <br /> Mayor and City Council 7.1 <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearin s November 21, 2016 Chris Leeseber , Senior Planner <br /> Item Description Reviewed by <br /> Variance, Side Yard Setback,Michael& Rosie Zack Carlton,Planning Manager <br /> Reger— 19538 Albany Street NW Reviewed by <br /> Cal Portner, City Administrator <br /> Action Requested <br /> Deny,by motion, the side yard setback variance for the following reasons: <br /> 1. The general purpose and intent of the ordinance is not met. <br /> 3. The proposed use is not a reasonable use of the property as there are options for constructing a <br /> deck that meet ordinance requirements. <br /> 4. The plight of the petitioner is due to the petitioner's own action. <br /> 5. The essential character of the locality would be altered. <br /> Background/Discussion <br /> Case No. V 16-13 <br /> The property is located at 19538 Albany Street and is zoned Single Family Residential (R1-c) which <br /> includes the following setbacks: <br /> Front: 30 feet <br /> Side: 10 feet (they are requesting a reduced setback to approximately 6 feet) <br /> Garage: 5 feet <br /> Rear: 20 feet <br /> The applicant is seeking a variance to construct a 12'x 16' deck on the northwest corner of their home. <br /> When the house was built in 2015 the applicant indicated they were new to the home building process <br /> and were not given clear and concise information from their builder and were not aware of the required <br /> setbacks. <br /> The initial design included a deck on the west side,which would have met ordinance. Their desire for <br /> more windows on the west side resulted in a design change with the deck door in its current location. <br /> Applicable Regulation <br /> Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br /> described below. The variance: <br /> 1. Is in has-pony Pith the general purpose and intent of the ordinance, and <br /> The purpose and intent of side yard setbacks is to keep structures reasonably separated. A 10 foot side <br /> yard setback on both properties ensures 20 feet between living spaces. This setback is intended to <br /> POWERED 6T <br /> A IR <br />