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Variance Request-406 16th Ave. N.• Planning Commission Report - VARIANCE REQUEST - 406 - 16TH AVENUE NORTH August 13, 1986 PURPOSE: To review and recommend action on a variance request to convert a carport into a garage. BACKGROUND: 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. No. VN86 -10 • 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: 11,1 $1. _)r Nancy S Communi 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 Development — 7 P21 I 1 g 30• 227 4 r1 ;�- 4. W 1 N 1 3381 — 7 P21 I 1 g 30• 227 4 2 1 � ;�- 4. W 1 N 1 3381 6 -. 1. . J 1 / — 7 P21 I 1 g 122 227 4 2 1 � ;�- 4. W 1 N 1 3381 6 -. 1. . /2/3 _ P21 I 1 g 122 227 4 2 1 � ;�- 4. W 1 N 1 3381 6 -. 1. . J /2/3 _ P21 I 1 g 227 4 233 N 330334 4. W 1 N 1 3381 6 -. /2/3 _ P21 I 1 g 227 4 233 237 29 r • P r....._ r r 6 -. / AVENUE 2/ 4_ 2/4 —1 I ze- al 1 Ut 242 1 225 22 i 233 N ' 2�9 13 0 1 1z - 3 11,3 t 8 6 J09 _ 1 3/5.7 AVENUE 1 329 1 1335 1 1 i TA 1 A 1 orci:k • tc ( N 10 2/8 S 0 - 224 438 1') 442 /5TH to /6TH r � 12/8 122212261 `i -1234 /3TH /2TH 09 r //TN co co 1224 tO 1 N 33 N 237, 2 N tN 24.1 AVENUE AVENUE 30/ 30 1 AVENUE AVENUE AVENUE _I. 1 1 1N i co 4/4 rn 473 . 417 42/14251 0 CO 40 06 4/0 4/4 4/8 1 421 NO. 140/ 401409 1 10 0 4/3 N t 4/71 1 42/426 X Zit 0u W N —1 . 440240614/0 NO. 401 00 4051409 c0 0 W 414 4/3 O• 418 4/7 W IV 42242 5-a. IA O o . W N 1 — 4/4 4/8 424 4091 co September 16, 1986 M E M O To: Zoning & Planning Commission From: Nancy Anderson Subject: Variance Request VN86 -10 Mr. Keller was contacted during the week the Staff Reports are written to see if he had the information the Commission requested. Mr. Keller at that time had not found the property stakes but said he would by the meeting on the 30th of September.