Board of Adjustment Minutes 2006 01 18

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Board of Adjustment Meeting Minutes January 18, 2006 Page 3 of 7 3. Encroachment of a structure into the vision clearance area at the intersection of Caledonia Street and the alley. . An analysis of the six variance criteria follows: 1. Unique circumstances, including narrowness or shallowness of lot. Staff finds this criterion has been met. 2. Unusual circumstances do not exist throughout the neighborhood. Staff finds this criterion has been met. 3. Property cannot reasonably be developed. The staff report indicates that afull two car garage may not be necessary to have reasonable use of the proper. However, a one-car garage might be possible, though it still might require a lot coverage variance, but might not require the vision clearance and setback variances. In discussions with the applicant since the Board packets were delivered, potential modifications to the proposal have been developed that would lead staff to support this criterion. 4. Hardship not created by applicant. The applicant did not create the hardship; therefore the criterion has been met. 5. Not alter the essential character of the area nor impair the use of adjacent property. Staff is concerned with the violation of the vision clearance requirement at the intersection of the alley with the street and sidewalk. Staff finds that this criterion has not been met. 6. Minimum variance to grant relief. Staff believes that each of the three requested variances could be further minimized by reducing the size of the proposed garage and possibly shifting the garage somewhat further north, without impacting the health of the Locust Tree. Staff finds that this criterion has not been met. . Since the staff report was prepared, staff and the applicant have met and come to an agreement that we would like to propose to the Board as a potential conditional approval. It would involve shifting the building almost entirely out of the vision clearance area, reducing the amount of street setback variance and possibly reducing the maximum lot coverage variance. Johnstone distributed the conceptual drawing. Staff can support the alternative method for defining the vision clearance area in these circumstances. . Staff can also support a partial street yard setback variance, given the location of existing vegetation and the desire to have some remaining back yard area. . Staff can support the lot coverage variance. The basis for that support lies on the fact that the total floor area requirement is still not exceeded - approximately 2,575 SF proposed vs. 2,699 SF allowed. The existing ranch style design of the home is the reason for the lot coverage request and staff believes that factor meets all six variance criteria. . Staff submitted a modified recommendation of conditional approval of the variance, with the following conditions: 1. The proposed garage shall not encroach into the vision clearance area; however, said vision clearance area shall be measured from the back of the sidewalk rather than the property line. 2. The proposed garage shall not exceed 480 SF. 3. The proposed garage shall be setback a minimum of 8 feet from the Caledonia Street property line.