4.1 BASR 12-27-2016 - Laserfiche WebLink

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Accessory structures (sheds) can be located up to five feet from side and rear property lines but need to be setback 30 from the front property lines. The applicant is seeking two variances: 1. The front yard setback be reduced to 15 feet (Upland Ave/east side) 2. Thr rear yard setback be reduce to 10 feet (west side) On August 23,2005, the Board of Adjustments approved a lot width variance (V 05-03) to reduce the required lot width from 100 feet to 45 feet and a lot area variance to reduce required lot size from 11,000 square feet to 10,330 square feet. One of the exhibits (5-23-05 Exhibit) presented during that meeting identified possible front yard variance areas but did not show any dimensions. The lot is .25 acres in size and will not be allowed to have more than 25% or 2,722.5 SF of impervious surfaces. This includes the house, sheds,patios, sidewalks, driveways and decks. Staff met with the property owner directly to the west of the subject site on December 20,2016, to discuss the proposal. Her biggest concern was the loss of privacy she would have if the house is built ten feet away from her east property line. She also had questions regarding the Shoreland Ordinance,lots sizes, common ownership,and fencing. Staff clarified the subject parcel meets the Shoreland Ordinance lot size (10,000 sqft) and width (S0 ft) requirements. Staff also stated that the Board of Adjustments can include conditions of approval on a variance, such as the requirement of a privacy fence. Staff recommends an eight foot tall privacy fence be constructed on the west property line as shown on the exhibit titled"Fence Location". The actual location may change when the final site plan is determined. Staff will work with applicant on the final placement of fence. Applicable Regulation (The applicant's responses are italicized with staffs notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance. First, the general putpose and intent offront yard setbacks is to provide a uniformcontrolled look to the front of structures as well as not to block neighbor's lines of sight. The proposed setbacks are uniform with existing structure setbacks on Upland Avenue and meet the required setbacks on 5th Street. Other structures on 5th Street do not meet the front setback requirements. The adjoining property to the south has a house that is setback about 5-6 feet from the front property line. The proposed setback variance is in more compliance than the home to the south. During the 2005 platting process, a front yard variance was anticipated. Second, the general putpose and intent of side yard setbacks is to keep structures reasonably separated from one another. In this case, requiring l 0 foot side yard setbacks provides at least 20 feet between homes. Corner lots function with two front yards, one side yard, and one rearyard. The rearyard is defined as, a yard extending along the full width of a rear lot line (opposite the addressed side) between side lot lines. Although technically there N:\Departments\Community Development\Planning\Case Files\V\V 16-16 Renae Hauge\3-Board of Adjustments\V 16-16 sr BOA 12-27-16.docx