CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving a variance to allow a detached garage to exceed the height limitation for detached accessory structures at 1141 Basswood Drive- PZC 24-1-085
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 24-1-085 on September 18, 2024 and November 20, 2024 and recommended approval of the request (approved 7-0). Staff concurs.
BACKGROUND:
The property is located on the east side of Basswood drive between Tanoak Lane and Tamarack Avenue and is zoned R1A (Low Density Single-Family Residence District). The property is approximately 9,612 square feet and is improved with a single-family residence and detached garage.
DISCUSSION:
The Petitioner, Matthew Crary, on behalf of the owners Matthew and Casey Crary, has submitted a petition for approval of a variance to construct a detached garage. The Petitioner intends to demolish the existing 585 square foot detached garage located at the rear of the property and construct a new detached garage. The existing two-car detached garage is approximately 13’ 2” inches tall and 2.73 feet from the north interior side property line and ten feet from the rear property line. The garage is non-conforming due to the proximity to the interior side property line. The Petitioner notes the condition of the garage as dilapidated and in need of replacement.
PZC 24-1-085 was brought before the Planning and Zoning Commission at the September 18, 2024 meeting. At that time, the Petitioner proposed a detached garage that required four variances to be granted to move forward, including:
1. A variance to Section 6-2-3:3.1 (Yard Requirements) to permit the detached garage eaves to extend greater than three (3) feet into the required interior side yard setback;
2. A variance to Section 6-2-10:1 (Accessory Buildings, Structures and Uses of Land) to permit a detached garage to encroach into the five (5) foot setback required for detached accessory structures;
3. A variance to Section 6-2-10:3 (Accessory Buildings, Structures and Uses of Land) to permit a detached garage to exceed the eighteen (18) foot height limitation for detached accessory structures; and,
4. A variance to Section 6-2-10:5 (Accessory Buildings, Structures and Uses of Land) to permit a detached garage to exceed the maximum 25% of required yard occupied for the detached accessory structure in the required rear yard.
Staff was not in support of the initial variance requests, as stated at the meeting. The PZC shared concerns about the number of variances requested, questioned the intended use of the space, and asked the Petitioner if it is possible to modify the plans to reduce the number of variances involved. The Petitioner’s neighbor expressed support for the variance requests in the form of an email to the Planning Services team. The PZC concurred with staff and denied the requested variances.
Petitioner Response & Modifications Made
In response to staff’s concerns and the PZC recommendation, the Petitioner has revised their plans to decrease the number of variance requests and reduce the intensity of the proposed structure. The variances eliminated from the proposal include the detached accessory structure setback, eave setback, and the rear yard coverage.
The new proposal for the detached garage provides enclosed parking spaces, working space for the homeowner, and a ceiling height to accommodate a car lift and an attic for storage. The proposed construction requires approval of one variance from Section 6-2-10:3 of the Municipal Code to allow the height of the detached garage to exceed 18 feet. The proposed detached garage measures 22’ 4” from the top of the foundation to the roof peak and 23’ 10” from the bottom of the foundation at grade to the roof peak.
Based on the revisions submitted, Staff is in support of the variance request and finds that the proposed detached garage is appropriate since the number of variances has been reduced, and the existing fence and foliage provide screening to reduce the visual bulk for surrounding properties. The Petitioner states that the storage space provided in the detached garage will be a significant benefit to the homeowners as the existing single-family residence is a split-level residence and lacks storage space.
In response to the Commission’s concern regarding the proximity of the proposed garage to the existing overhead electric service, the Petitioner modified the plans to position the garage so that the plane of the roof slopes up and away from the overhead service resulting in sufficient clearance per the National Electric Code (NEC) and Occupational Safety and Health Administration (OSHA) policy.
The proposal has been reviewed and is acceptable to all other departments (Building, Engineering, Department of Public Utilities - Electric).
Findings of Fact
The Petitioner’s response to the Standards for Granting a Variance can be found in the attachments. The PZC and staff concur with the Petitioner’s responses for the reasons noted above and recommends their adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission considered this matter at their meeting on November 20, 2024. There was no public testimony. Commissioner King and Commissioner Bansal voiced their appreciation as to the modifications to the plans. Commissioner King shared support for the variance request. Following discussion, the PZC closed the public hearing and voted to recommend approval of the Petitioner’s request (approved 7-0).