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HomeMy WebLinkAbout2009 10-15 Zoning Board of Appeals Meeting Minutes RegularZoning Board Minutes October 15, 2009 Page 2 of 4 A front yard setback variance is required for the improvements. The Zoning Ordinance requires that any new construction including additions to existing homes must maintain the average front yard setback that is occurring on the same side of the block between intersections or not extend out farther than if a line is extended across the subject property from the closest points of the homes on either side. The plan is to match the front wall of the existing garage. Unfortunately the existing house is forward past the average setback by 6.22 feet. The owner is requesting the variance to merely match the existing front yard setback. It should be noted that the Zoning ordinance requires a minimum two car garage per single dwelling unit. The owner is trying to accomplish the two car garage standard, however, must contend with an existing nonconforming front yard setback. Approve the 6.22 foot front yard setback variance. Approval is based on the following findings: The proposal meets the required standards for a variance, because: 1. There is a unique hardship to the property caused by the average front yard setback along the block. 2. The homes along the block were built with deeper front yard setbacks, affecting the opportunity for the subject property to expand. 3. The setback variance is minor given that it would allow the new garage to match the existing nonconforming front yard setback. 4. It would be reasonable to allow the proposed improvements given the constraints imposed by required setback and it would allow the property to conform to the minimum two car garage requirement. 5. The intent of the ordinance is to preserve the common front yard area and streetscape. The additions will enhance the streetscape and will not negatively impact the common front yard area. Approval is based on the following conditions: Subject to the plans present dated October 28, 2009. Zoning Board Minutes October 15, 2009 Page 3 of 4 2. The variance will expire on December 17, 2010, unless the city has issued a building permit for the project covered by this variance or approved a time extension. Appearing for the Applicant Eric Swanson Discussion Chair Grabiel asked if the existing basement is improved with living area. The proponent Mr. Swanson indicated that there is currently a family room and a bedroom in the basement. Member Forrest asked about existing and proposed contours on the west side of the property. Mr. Swanson responded that drainage on the property would not change. Chair Grabiel requested a motion. Action Member Forest moved variance approval of B-09-31 based on staff findings and subject to staff conditions. Member Birdman seconded the motion. All voted aye; motion carried. III. COMMUNITY COMMENT: None. IV. NEXT MEETING DATE: January 7, 2010 V. ADJOURNMENT: Member Birdman moved adjournment at 6:00 pm. Member Winder seconded Zoning Board Minutes October 15, 2009 Page 4 of 4 the motion. All voted aye; motion carried. Submit d by