Variance Request-406 16th Ave. N.BACKGROUND:
Planning Commission Report
VARIANCE REQUEST - 406 - 16TH AVENUE NORTH
No. VN86
August 13, 1986
PURPOSE: To review and recommend action on a variance request to convert
a carport into a garage.
Name of Applicant: Emil Keller
Address of Property: 406 - 16th Avenue North
Present Zoning: R -1 -A
Nature of Request: A sideyard variance to convert an existing
carport into a garage
Reason for Request: To make house look nice to neighbors
The applicant is proposing to convert an existing carport into a
garage. 427.06 states any obstruction or structure or use law-
fully existing upon August 11,1966, but which would not now be
permitted under the same standards may be continued as a non=
conforming use at the size and in the manner of operation exist-
ing upon August 11, 1966, except as herein specified.
The existing carport has a flat roof and one wall. The easterly
and southerly walls are open. The existing lot is 57'x127'. The
minimum requirements for a side yard is 8 feet. The applicant
has supplied staff with a sketch which indicates the carport is
3 feet from a fence on the south side of the property. The ap-
plicant was contacted and informed that this fence does not ap-
pear to be the property line and that the property line has to be
located to determine how far the proposed garage will be located
from the property line.
The applicant did -not indicate that he was going to supply any
further plans but did state he believed the existing carport was
approximately 42 feet from the property line. The home to the
south is quite close to the lot line also..
The City does not have a survey on file to indicate where the
home is located on the lot.
The applicant has contacted the surrounding neighbors.
ANALYSIS: The applicant has requested a variance to convert an existing
carport into a garage. The applicant has not supplied the
necessary information to determine the actual setback, however, if we did
have the necessary information the applicant still does not have the neces-
sary warrants of unique circumstance or hardship that would allow the Plan-
ning Commission and City Council to grant such a variance.
•
PLANNING REPORT VN86 -10
Page 2
ALTERNATIVES: 1. Deny the variance request.
2. Continue the variance request until the applicant can provide
a survey or locate the stakes to determines where the property
line is.
3. Grant the variance. Should you choose this option, you will
have to identify Findings of Fact which support approval of
the variance.
RECOMMENDATION: I recommend denial of the variance. The following are suggested
Findings of Fact should the Commission recommend denial:
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1. That the existing home and carport are situated on the property
such that it creates a non - conforming side yard.
2. That the granting of this variance would not eliminate or mini-
mize a non- conforming building but would, in fact, enlarge upon
an existing non - conformity.
3. That there does not exist a unique circumstance or hardship
that would justify approval of this variance.
Anderson, Analyst
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Neighborhood Building & Remodeling
933 -7673
NAME / 41/L ' ELLE /( A�
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DATE 17 JOLy /5IY
PHONE 7 3€ 71
NO VERBAL AGREEMENTS RECOGNIZED
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