Board of Adjustment Agenda and Packet 2013 06 19

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2 The applicant plans to construct an attached two story garage, with living space on the second floor, on the rear (eastern) side of the existing house. The attached garage, as illustrated on the applicant’s plans, is proposed to be 24 feet by 24 feet and located 1 foot from the rear property line, and will attach to the existing house via a six foot long one story enclosed walkway. There will be an open air walkway on top of the enclosed walkway. The alley side of the garage includes a canopy that extends three feet to the property line at the alley. The garage is proposed to be 20 feet tall. The existing single family home is considered the “principal use” on the property. The proposed garage and additional living space is shown to be attached to the existing single family home, and is therefore considered part of the principal use. Section 17.12.050 L of the Old Town Overlay District Regulations requires a 25 foot setback from the rear property line for principal uses. The Old Town Overlay District Regulations also permit principal uses to be up to 27 feet tall. The Old Town Overlay District regulations establish different setbacks and height limitations for what are termed “accessory uses”. Detached garages, sheds, or other outbuildings, that are separated from any other structure by a minimum of five feet, are considered “accessory uses”. Accessory uses can be located up to the rear property line. Structure Type Rear Setback Height Principal Use 25’ 27’ Accessory Use 0’ 20’ The Old Town Overlay District regulations also prohibit properties which adjoin a developed alley from accessing a garage from their fronting street. The applicant’s property is adjoined by a developed alley and therefore, the only place the code would permit access to a garage on this property, is from the rear alley. This requirement leaves a distance of approximately 31 feet from the rear of the existing house to the rear property line within which a garage could be constructed. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for a variance from Section 17.12.050 L of the LMC by the powers granted the BOA in Section 17.48.110