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City Council <br />April 15, 2002 <br />Page 3 <br /> <br />There are no special conditions peculiar to the property. There is adequate room to build a <br />two-car garage that complies with the setback requirements. In addition, the garage could be <br />deepened to provide additional storage area if required. <br /> <br />Literal application of the ordinance provisions would not deprive the petitioner of rights <br />enjoyed by other properties in the same district under the terms of this ordinance. The <br />applicant has an option to comply with the setback requirement or to reduce the level of <br />encroachment. <br /> <br />The applicant was aware of the garage size at the time of purchase. <br /> <br />The request could adversely impact other properties in the vicinity. Drainage, normally <br />within the five foot setback area, would be on the neighbor's property. Trees along the <br />property line will be adversely affected due to do construction, regardless of which property <br />they are located on. <br /> <br />Board of Adjustments action <br /> <br />Staff proposed an option of adding onto the rear of the garage if extra storage was needed. <br />The applicant stated this would not work, as there is a patio area and a door that exits the <br />house behind the garage and adding on to the rear would cover that door up. The applicant <br />stated that he would be willing to reduce the addition from 14 feet to 12 feet in width, which <br />would create a setback of two feet from the property line. <br /> <br />Russ Anderson, 640 Irving Avenue, an adjacent property owner, spoke at the public hearing. <br />He expressed concern that the addition would remove the mature trees near the property <br />line and adversely affect the drainage between the properties. He expressed his desire that <br />the Board not grant the variance to the applicant. <br /> <br />There was discussion about the house to the east and how close its garage was to the <br />property line. Without a survey, the actual distance is not know, but it appears to be very <br />close to the property line. It also appears to be the original structure and not an addition. <br /> <br />The Board of Adjustments voted unanimously to deny the request. <br /> <br />Recommendation <br /> <br />Staff and the Board of Adjustments recommend that the City Council deny the request to <br />allow a variance to build within the five foot Side Yard Setback, as there is an alternative <br />design that would allow an addition within the required setbacks. <br /> <br />Should the City Council approve the variance, staff recommends the following condition: <br /> <br />THE APPLICANT SHALL BE REQUIRED TO HAVE THE WEST <br />PROPERTY LINE SURVEYED TO DETERMINE THE LOCATION OF <br />THE ADDITION AS WELL AS THE LOCATION OF THE TREES. <br /> <br />S:\PLANNING\Case Files\V 02-02 Turner\V02-02 CC.DOC <br /> <br /> <br />