4.13 SR 06-03-2024 - Laserfiche WebLink

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The property is guided as Traditional Single Family Residential. The suburban residential category predominately consists of single-family detached homes occupying moderately sized lots. This land use is the most prevalent residential type within the Urban Service Area and consists of a range of neighborhood types. The district should accommodate single-family attached, townhomes, and duplexes which have varying setbacks, in some cases down to zero. While the proposal does not meet the ordinance, it is consistent with the comprehensive plan. b. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Reasonableness is determined by the City Council based on the unique facts and circumstances in each application. Reasonableness does not mean that the property cannot be used in any reasonable way at all unless a variance is granted. It just means that an applicant’s requested use of the land is appropriate in the circumstances. Here, most of the property is encumbered by easements, setbacks, the drain field, the well, and a steep change in topography. The only location for a structure is on either side of the house/ garage and to be allowed the square footage this size of lot can typically support, encroachments into the front yard would be required. The property owner’s request reflects his wish to utilize his property to its allowed potential, and in a manner that is consistent with other properties in the neighborhood. The proposed use is reasonable. (2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction; and As described above, the property is encumbered by easements, setbacks, the drain field, the well, and a steep change in topography. These characteristics of the property limit use of the entire property. The property owner bought the property in 2018 in its current configuration with these limitations already in existence. These plights are not a consequence of the applicant’s own action or inaction. (3) The variance, if granted, will not alter the essential character of the locality. The proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, which will create a more aesthetically pleasing view from the street and front angles of the property. Constructing the proposed structure will contribute to additional privacy for this property and for the neighboring property. The proposed structure is also consistent with several other properties on the street that also have garage additions. Page 75 of 464