Variance 1310 - 2604 Emerson Place - The applicant is requesting a variance from Section 27-308 requiring a minimum 5 foot setback from the side property line in a Residential – 9600 (R-96) zone to allow 3 foot side setback, on Lot 4, Block 1, Highland Park Subdivision, 2nd Filing, a 12,046 square foot parcel of land. The purpose of the variance is to allow the construction of a garage addition with an attic living space. Presented by: Karen Husman, Planner I

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.  

OWNERS: Darryl & Alison Weber
AGENT: Jeff Wollschlager, A-Line Drafting
PURPOSE: Side setback for a new attached garage of 3 feet
LEGAL DESCRIPTION:  Blk. 3, Lot 4, Highland Park Sub., 2nd Filing
ADDRESS:  2604 Emerson Place
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
2523 Irving Place	872	7/2/02	Side SB 3’	Y
925 Jackson	1142	4/4/13	Side SB 3’	Y
7 Alderson Ave	1143	4/4/13	Side SB 3’	Y
415 Cook Ave	1146	4/4/13	Side SB 3’	Y
1014 N. 32nd St.	1170	12/5/13	Side SB 1’	Y	Detached garage

NORTH: Zoning: R-96
Land Use: Residential 
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: R-96
Land Use: Residential 
WEST: Zoning: R-96
Land Use: Residential 

This is a variance request from a minimum 5-foot setback from the side property line in an R-96 zone to allow 3-foot side setback. The purpose of the variance is to allow the construction of a garage addition with an attic living space.  The applicant is requesting the variance to allow removal of an existing garage and rebuilding in the same location a new garage a little larger with attic living space (this is not a request for an accessory dwelling unit).  There have been similar variances granted in the surrounding neighborhoods, granting the variance would not be out of character for the neighborhood. 

Proposed DETERMINATIONS for Variance 1310
 
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are not any special circumstances that exist in this situation other than the existing structure was built in 1951, prior to zoning regulations.  The property owner would like to remove the old garage and rebuild a new garage in the same location.
 
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
The subject property is in a subdivision where much of the development occurred in the 1950’s. There have been similar variances granted in the surrounding neighborhoods. Denying the variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
 
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area.
 
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy. Approval of this variance would allow the applicant to rebuild the existing garage and bring the property into conformance with the current zoning code and acquire a rebuild letter for financing purposes.
 
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
 
Staff is recommending the following conditions for the variance request:

1. This approval is to allow a variance from Section 27-308 requiring a minimum 5 foot setback from the side property line in a Residential – 9600 (R-96) zone to allow 3 foot side setback to rebuild an attached garage with attic space (not for an ADU). No other variance is intended or implied.
2. The variance is limited to Lot 4, Block 1, Highland Park Subdivision 2^nd Filing, 2604 Emerson Place.
3. The applicant will apply for and receive approval of a building permit within 1 year and complete construction within 2 years of BOA approval. Failure to meet the time limits of this condition will void the variance.
4. There will be no construction activities prior to 7:00 am or after 8:00 PM daily.
5. The applicant shall meet all other city code requirements with the exception of this variance.
6. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

 
6. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance;
Staff is proposing a time limit of one year acquire building permit approval and two years to complete construction.
 
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district – single family dwellings with attached garages are allowed in the R-96 zone district.

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.