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CR 99-23 Variance - Garage Height GITY OF February 25, 1999 ~ Council Report 99-23 HOPKINS . VARIANCE - GARAGE HEIGHT Proposed Action, Staff recommends the following motion: Move to approve Resolution 99-6. denying a height variance to an existing garage. At the Zoning and Planning meeting, ML Gross moved and Mr, Brausen seconded a motion to deny Resolution RZ98-30, denying a height variance, The motion was approved unanimously, Overview, The applicant, Joe Haubenhofer, is applying for a height variance to construct an accessory building. The applicant's property is located at 301 Wilshire Walk. The applicant is proposing to construct a Cape Cod style garage that will be approximately 20 feet in height, The zoning ordinance requires a IS-foot maximum height to the highest point for accessory structures, A garage is considered an accessory structure. The staff has contacted Mr, Haubenhofer for a side elevation to determine if the variance is e needed with the amendment to the Zoning Ordinance. As of the date this report, Mr, Haubenhofer has not submitted a side elevation to allow staff to determine the height, Hopefully by the night of the council meeting staff will have this information, .Primarv Issues to Consider, . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? . What does the ordinance require? . What are the specifics of the variance? . Does the property have a hardship? . Does the applicant have reasonable use of the property without the variance? . What was the discussion at the Zoning and Planning meeting? SUPDortin2 Documents, . Analysis of issues . Garage elevation plans . Site plan . Resolution 99-6 . AChtiMoon Nancy , Anderson, AICP Planner CR99-23 Page 2 . Primary Issues to Consider, . What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The site is zoned R-I-E, Low Density Single Family, The Comprehensive Plan has designated the site as Low Density Residential, . What does the ordinance require? The Zoning Ordinance allows a maximum height of 15 feet to the highest point for an accessory building, The height is measured from the public right-of-way, A garage is considered an accessory building, . What are the specifics of the variance? The applicant is proposing a Cape Cod type garage that will be higher than 15 feet. The garage will be 24' x 30' and approximately 20 feet in height. The garage will be six feet from the side property line, The rear property line was not detailed, but it is more than the minimum three-foot setback. The garage meets all the ordinance requirements except for the height. . . Does the property have a hardship? The Zoning Ordinance states the following: a variance is a modification or variation from the provisions of this code or variation from its provisions granted by the board and applying to a specific parcel of property because of undue hardship due to circumstances peculiar and unique to such parcel, The Zoning Ordinance also states the following: that the Commission must find that the literal enforcement of the provision of the Zoning Ordinance would cause an undue hardship because of circumstances unique to the individual property under consideration, and that the granting of a variance to the extent necessary to compensate for said hardship is in keeping with the intent of this code, In this case the subject property has no undue hardship. There is nothing unique to the applicant's property, The subject property has no undue hardship for the granting of the varIance, The stafT feels that this situation does not constitute a hardship to the property according to the above zoning requirements and, therefore, would not qualify for the granting of a variance. 0 Does the applicant have reasonable use of the property without the variance? The applicant has reasonable use of the property without the addition of an accessory bui lding. If the applicant is not granted the variance, the applicant has reasonable use of the property if the garage were lowered to 15 feet in height. . CR99-23 Page 3 . What was the discussion at the Zoning and Planning meeting? . Ms. Anderson reviewed the variance with the Commission, Ms, Anderson noted that if the Commission approved the proposed zoning amendments, the applicant would probably not need a variance, The Commission discussed the lack of hardship for the granting of the vanance, Altematives, 1. Approve the variance, By approving the variance, the applicant will be able to construct the garage as proposed, If the Planning Commission considers this alternative, findings will have to be identified that support this alternative, 2, Deny the variance. By denying the variance, the applicant will not be able to construct the garage as proposed, 3, Continue for further information, If the City Council indicates that further information is needed, the item should be continued, . e - - - - ~ - 2.Jo' / ! ... /'0. ~ ~ ~ , i / 'F" ~ --- ---- . 0 L 5qL(.lNj l -- 111=-4011 HWUIQ~""'''&== . I I f.LA~ ,lq~Ld' I . ....._~ 1nu;$~~;'1I _~L___ . 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