County Variance 289 – 3536 Comus Ave – Lot Coverage, Front & Side Setbacks - A variance from Section 27-308 requiring a maximum lot coverage of 30% to allow a maximum of 33%; from 27-308 requiring a minimum 20-foot front setback to allow an 11-foot setback; and from 27-308 requiring a minimum 5-foot side setback for site built structures to allow a 3-foot setback for a proposed 720 square foot garage addition to an existing single family residence in a Residential Manufactured Home (RMH) zone on Lot 1, Block 7, Lockwood Subdivision, a 7,372 square foot parcel of land. Presented by Karen Husman, Planner I.

Staff has reviewed the application and is recommending conditional approval for the front and side setback requests and denial on the lot coverage increase based on the review criteria for variances.

OWNERS:                              Ellen M. Holmes
PURPOSE:                             lot coverage of 33%, front 11-foot setback; and side 3-foot setback
LEGAL DESCRIPTION:            Lot 1, Block 7, Lockwood Subdivision
ADDRESS:                            3536 Comus Ave
EXISTING LAND USE:             Residential
PROPOSED LAND USE:        Residential
EXISTING ZONING:                 RMH

None

SUBJECT PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3536 Comus Ave	None			NA
SURROUNDING PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3410 Wasco Ave	252	3/9/2007	0’ front SB	Y	Existing Carport
1155 Wren St.	258	2008	0’ rear SB &33% LC	Y	New Attached Garage
950 Saddle Lane	104	11/1985	Arterial SB 65’	Y	New Det. Garage
15 Memory Lane	108	8/1986	Building separation of 4.5’	Y	New Detached garage.

NORTH:   Zoning:      RMH
                  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 request for a variance from Section 27-308 requiring a maximum lot coverage of 30% to allow a maximum of 33%; from 27-308 requiring a minimum 20-foot front setback to allow an 11-foot setback; and from 27-308 requiring a minimum 5-foot side setback for site built structures to allow a 3-foot setback for a proposed 720 square foot garage addition to an existing single family residence in a Residential Manufactured Home (RMH) zone. The applicant wishes to build a garage on the property. The existing carport is not sufficient for sheltering two vehicles, and the applicant intends to remove the structure and construct a new garage. 
 
The Planning Staff reviewed the zoning history in the area and found four similar applications conditionally approved in the district. The lot is an irregular shape and with the placement of the existing dwelling it is difficult to replace the carport with a useful garage. One of the previous variances approved for setbacks included a variance for lot coverage maximum of 33%. Variance 258 was granted due to misinformation given to the applicants. The applicant for this previous variance did make inquiries with County Public Works to determine whether any permits would be required for setbacks from property lines. At the time, the applicants were told by County Public Works that no permits or setbacks would apply to this property. This information was in error and the applicant proceeded with the garage. In early November, 2008, the Planning Division received a complaint that a garage foundation was being poured directly on the property line. The applicant was informed of the zoning regulations and setback requirements. The applicant chose to submit a variance application to seek relief from the zoning requirements. The Board of County Commissioners agreed to waive the variance application fee due to the erroneous information given to the applicants.  The previous variance was due to special circumstances

This application, although similar, is not a special circumstance for the lot coverage requested. The applicant can construct a smaller 2-car garage and not exceed the lot coverage maximum of 30%. Due to the physical configuration of this lot, it is difficult to locate a 2-car garage within the required setbacks for the front and side property lines. Other variances for setbacks have been granted in this subdivision and within the Lockwood area. Staff is recommending denial of the 33% lot coverage and approval of the variance for setback reductions.

The Planning Division is recommending conditional approval to allow a variance from 27-308 requiring a minimum 20-foot front setback to allow an 11-foot setback; and from 27-308 requiring a minimum 5-foot side setback for site built structures to allow a 3-foot setback for a proposed new garage. Staff is recommending denial of the variance for 33% lot coverage based on the review criteria for variances.