4. BASR 09-11-2007 - Laserfiche WebLink

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Case File: V 07-07 Page 3 Section 30-698 of the City Code. This is not considered a use variance as the city does not have a process for use variances. Section 30-698 lists two criteria that must be met in order to approve the expansion. (7) The cost of the expansion is not in excess of 25percent of the assessed value of the improvements on the property. The garage and gazebo addition do not exceed 25 percent of the assessed value of the improvements to the property. (2~ The expansion will not make the property any less compatible avith adjacentproperties. The adjacent properties are residential uses along the river and the majority of them have a garage structure and other accessory structures. The expansion will not make the property any less compatible with adjacent properties. According to Section 30-793 (i) in all single-family residential zoning districts, a minimum of 20-foot x 22-foot single garage shall be constructed with a minimum of 440 square feet in area. Section 30- 903 of the City code regulates the minimum number of parking spaces per use. Single family dwellings are required one enclosed parking space plus two off-street spaces. The subject property's primary use is a single family dwelling requiring at least one enclosed parking space. Currently there are no enclosed parking spaces on the subject site. The C-3 zoning district does not permit accessory structures or residential uses. The Board of Adjustments can approve this request based on the criteria outlined above. The immediate area is residential and the majority of these lots have accessory buildings. The City Code does require enclosed parking for residential uses. If this property were still zoned Al they would be permitted up to 8,000 square feet in accessory structures; the applicant is requesting 2,287 square feet. Recommendation It appears the criteria is satisfied, therefore staff recommends the Board of Adjustments approve the request to expand anon-conforming use to allow a garage and gazebo addition. The City Attorney has directed staff to appeal this process to the City Council for confirmation of the standards. Respectfully Submitted Sheila Cartney Senior Planner Action Motion by Second by Vote Follow Up S:\PLANNING\Case Files\Variance\V 07-07 Kirkeide\091] Boards report.doc