Board of Adjustment Agenda and Packet 2009 11 18

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be located on would be the 20 foot wide alley that is currently the rear of the existing property. If the subdivision were completed, the existing home would meet the setback requirements. The existing garage would become the principal structure on the westerly lot. The required principal structure front setback (alley side) is 20 feet. The garage would encroach 5 feet 6 inches into this required 20 foot front setback resulting in a 14 feet 6 inch setback. In order for the subdivision to be approved, the garage must first be granted a variance from the Old Town Overlay District requirements. The subdivision of the property would also result in a variance from Sec. 17.12.050 of the LMC which states; G. Access and front setback requirements for garages. Where a developed alley with a minimum right-of-way width of 15 feet, or a side street, adjoins a rear or side lot line of a lot, access to a garage or off-street parking space from a street adjoining a front lot line shall be prohibited. Where the only access available to a lot is from a street adjoining the front lot line, the minimum front yard setback for an attached or detached garage shall be not less than 20 feet greater than the setback between the front property line and the front building line of the dwelling. The LMC defines a street as "the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and placement of utilities; and includes the terms "road," "highway," "land," 'Place," "avenue," and "alley," or other similar designations." If the parcel is subdivided, the only access to the lot with the garage on it will be from the street (alley) adjoining the front lot line. Section 17.20.050 of the LMC requires that the garage be setback 20 feet greater than the setback between the front property line and the front building line of the dwelling in this situation. As it is currently built, the garage is not setback from the dwelling at all. The location of the garage would require a variance. The applicant is requesting two variances to allow the current garage to encroach 5 feet 6 inches into the required 20 foot front setback and to allow an attached garage with a setback that is not 20 feet greater than the setback between the front property line and the front building line of the dwelling. The Board of Adjustment has the authority to grant or deny these requests. There is not a pending application for a subdivision, and it is not the Board of Adjustment's responsibility to review subdivisions. The Planning Commission will hear the subdivision request as a separate application. REVIEW CRITERIA: The BOA has authority to hear and decide, grant or deny this application for variances from Section 17.12.050.F and 17.12.050.G of the LMC by the powers granted the BOA in Section 17.48.110 of the LMC. The BOA may grant a variance only if it makes findings that all of the criteria, as established under Section 17.48.110.B.1-6, have been satisfied, insofar as applicable: The applicant has provided a written analysis of the variance criteria, which has been included in the BOA packet materials. Following is a staff review and analysis of the variance criteria. 3