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6.1. SR 4-15-2002City MEMORANDUM Item # 6. I. TO: FROM: DATE: SUBJECT: Mayor and City Council Chris Leeseberg, Planner April 15, 2002 Case No. V 02-02 Request by Ken & Tami Turner to build a garage addition within the 5-foot Side Yard Setback. Request The applicant requests that a variance be granted to reduce the side yard setback from five feet to zero feet to allow a garage addition. Attachments · Location Map · Applicant's Narrative · Aerial Photo · Site Plans · Alternative concept · Photos of Subject Property Location East of Irving Avenue and south of 7th Street (557 7tl~ Street) Lot 50, and the West 20 feet of Lot 49, Walker Addition Zoning/Land Use Rlc, Single Family Residential / MR, Medium Density Residential Existing Conditions The subject property is located just east of Irving Avenue on 7t~ Street. There is an existing dwelling with a 12-foot wide, one car garage, approximately 14 feet from the side property City Council Apri| 15, 2002 Page 2 line. Existing single-family dwellings surround the subject property. The majority of the homes in the area have only one-car garages. There are several mature trees along the west property line, and there was no information provided indicating which property these trees were located on. Regardless of ownership, the trees would be adversely affected due to any construction. Overview The proposed addition, approximately 14 feet wide, would increase the garage capacity to two cars (approximately 26 feet wide). The applicant wishes to maintain the existing garage door opening and create a second door opening within the addition. The applicant also plans to raise and widen the driveway to relieve drainage issues. The current condition of the driveway and street causes water to stand at the end of the driveway during rainstorms and snowmelt. According to the Building and Zoning Department, the addition would need to be at least three feet from the property line, unless the garage wall were to meet the building code of a one-hour wall type. The City's ordinance also states that any improved driving surface needs to be at least five feet from side property lines. Adding a nine foot addition to create a 21 foot wide garage, with a single garage door, would meet the applicant's needs of providing another stall to the garage while being able to maintain the required setback of five feet. Analysis In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. Literal enforcement would require the applicant to build an addition that may not suit their needs. S:\PLANNING\Case Files\V 02-02 Turner\V02-02 CC.DOC City Council April 15, 2002 Page 3 There are no special conditions peculiar to the property. There is adequate room to build a two-car garage that complies with the setback requirements. In addition, the garage could be deepened to provide additional storage area if required. Literal application of the ordinance provisions would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. The applicant has an option to comply with the setback requirement or to reduce the level of encroachment. The applicant was aware of the garage size at the time of purchase. The request could adversely impact other properties in the vicinity. Drainage, normally within the five foot setback area, would be on the neighbor's property. Trees along the property line will be adversely affected due to do construction, regardless of which property they are located on. Board of Adjustments action Staff proposed an option of adding onto the rear of the garage if extra storage was needed. The applicant stated this would not work, as there is a patio area and a door that exits the house behind the garage and adding on to the rear would cover that door up. The applicant stated that he would be willing to reduce the addition from 14 feet to 12 feet in width, which would create a setback of two feet from the property line. Russ Anderson, 640 Irving Avenue, an adjacent property owner, spoke at the public hearing. He expressed concern that the addition would remove the mature trees near the property line and adversely affect the drainage between the properties. He expressed his desire that the Board not grant the variance to the applicant. There was discussion about the house to the east and how close its garage was to the property line. Without a survey, the actual distance is not know, but it appears to be very close to the property line. It also appears to be the original structure and not an addition. The Board of Adjustments voted unanimously to deny the request. Recommendation Staff and the Board of Adjustments recommend that the City Council deny the request to allow a variance to build within the five foot Side Yard Setback, as there is an alternative design that would allow an addition within the required setbacks. Should the City Council approve the variance, staff recommends the following condition: THE APPLICANT SHALL BE REQUIRED TO HAVE THE WEST PROPERTY LINE SURVEYED TO DETERMINE THE LOCATION OF THE ADDITION AS WELL AS THE LOCATION OF THE TREES. S:\PLANNING\Case Files\V 02-02 Turner\V02-02 CC.DOC Case Number: Location Map V 02-02 KEN & TAMI TURNER N fily project is to add a full sized attached garage next to the existing one. [_n order to do this _[ would need to use the 1~I ft. (approx.) of land west of the existing garage and build up to and including the property line. This addition will give me a 2 door, 2 car gara. ge that is much needed. We currently have 4 vehicles and not enough room to park them safely during the winter months when there is no overnight parking on the streets. All current developments have no less than 3 car garages; several homes in the Walker addition have 2 car garages. I~ly neighbour to the west has about 60 ft. of open land between his house and my property line, so this would not affect the fire easement between buildings. I also plan on tearing out the existing driveway and removing several- trees that are causing problems with the driveway and that would be in the way of the garage addition. I plan to raise & widen the driveway and apron to the street. The city has added pavement to the street over the years, which made it higher than our driveway, this causes the end of the driveway to flood whenever it rains or during snowmelt, which has to be pumped out.