HomeMy WebLinkAbout#3 - Variance 312 4th St
Memo
To: Planning Commission
From: Justin Fortney, Associate Planner
Date: October 26, 2009
SubjectThomas Cooper Bates
: – Variance #2009-32- Variance to side setbacks
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for a deck at 312 4 St E
REQUEST
The applicant is proposing to build a deck on the rear of his home and requests the
following actions to allow it:
1. Variance from City Code Chapter 155.50, Residential District Lot Regulations. The
current City Code requires decks in the R-2 district to have a five-foot sideyard
setback. The applicant is applying for a 3-foot 5-inch Sideyard variance to build the
proposed deck on the rear of the home.
BACKGROUND INFORMATION
Comprehensive Plan Classification, zoning, and land use
The use conforms to the 2020 Comprehensive Plan. The subject and adjacent properties
are designated U-I – Urban Residential.
The subject and adjacent properties are zoned R-2 – Medium Density Residential. Single-
family homes are a permitted use in the R-2 District.
History
The home was constructed in 1860, almost 100 years before setback requirements.
Area Setback
VARIANCE REVIEW
Front 20’
Side 7’
Minimum Setback Requirements
Rear 20’
Minimum setback requirements for homes in the R-2 District are:
Decks
Rear 5”
Sides 5’
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 15.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 15 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
RECOMMENDED ACTION
Approval of the variance is recommended based on the following findings of fact and
hardships:
1) The existing home was constructed in 1860 before the establishment of any zoning
setbacks.
2) The proposed addition does not increase the nonconformity of the home.
3) The special conditions and circumstances do not result from actions of the
applicant.
With the following condition
The variance only applies to the proposed deck.
ATTACHMENTS
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Location Map
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Aerial Photograph
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Survey/ application letter
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Elevations
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Site plan