HomeMy WebLinkAbout5 1024 West 4th St Variance
Memo
To: Planning Commission
From: Kari Barker, Associate Planner
Date: April 28, 2008
SubjectMary Ann and Marvin Chapman
:– Variance #2008-11- Variance to add
th
to a nonconforming structure at 1024 4 Street West
REQUEST
Mary Ann and Marvin Chapman are requesting the following variances from City Code
Chapter 155:
(1)151.11 Nonconforming Uses, (B) (1) No use shall be expanded, changed,
enlarged, or altered in a way which increases its nonconformity.
The nonconformity results from the home having a 5 foot sideyard setback. The current
City Code requires homes in the R-2 district to have a seven foot sideyard setback.
155.50,Residential District Lot Regulations, It is unlawful to erect of alter any building with
the city unless the following minimum lot and yard areas are provided and maintained in
connection with the building.
DistrictR-2
7,000-one
Minimum
9,700-two
Lot Area
other*
50-one 66-
Width At
two
Setback
20
Front
7
Interior Side-
b
10
Corner
20
Rear-
b and d
The applicants request the variance in order to build a 10 X 20 foot addition on the
back of the home.
BACKGROUND INFORMATION
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The property is designated U-I –
Urban Residential.
Zoning Classification
The subject property is zoned R-2 – Medium Density Residential. Single family homes are
a permitted use in the R-2 District.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existing Use Zoning Comp Plan
North
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
East
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
South
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
West
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
History
The home was constructed in 1961 and purchased by the applicant in 1962.
VARIANCE REVIEW
Minimum Setback Requirements
Minimum setback requirements for homes in the R-2 District are:
Area Setback
Front 20’
Side 7’
Corner Side 10’
Rear 20’
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
th
Variance – 1024 4 Street
Planning Commission Memo – April 28, 2008
Page 3
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
RECOMMENDED ACTION
Approval of the variance is recommended based on the following findings of fact and
hardships:
1) The existing home was constructed in 1961 before the establishment of the current
zoning setbacks.
2) The proposed addition does not increase the nonconformity of the home.
3) The special conditions and circumstances do not result from actions of the applicant.
ATTACHMENTS
Location Map
Aerial Photograph
Building Plans
Application
