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 516 Spring Ave. - PZC 24-1-110
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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 24-1-110 at the November 20, 2024 meeting and recommended approval of the request (7-0). Staff concurs.
BACKGROUND:
The property is located on the south side of Spring Avenue between West St. and Ewing St. and is zoned R2 (Single-Family and Low Density Multiple-Family Residence District). The property is approximately 8,714 square feet and is improved with a single-family residence constructed in 1906, a shed and detached garage.
DISCUSSION:
The Petitioners and Property Owners, Paul and Claire Merryweather, have submitted a petition for approval of a variance to construct a detached garage that exceeds the height limitation for detached accessory structures. The Petitioner intends to demolish the existing 257 square foot detached garage located at the rear of the property and construct a new 926 square foot garage with vehicle access from the Douglas Avenue alley. The existing detached garage is dilapidated, potentially unsafe to utilize for the intended purpose, and outdated in terms of size and design compared to modern standards.
The proposed detached garage provides four enclosed parking spaces, featuring an indoor car lift for storage of vehicles, and an attic for additional storage space. The siding, trim and roof are proposed to match the materials of the principal structure. The Petitioners reference the narrow lot width that limits horizontal improvements on the subject property and justifies and increase in height to provide needed storage space and close proximity to the Ozinga concrete plant as unique hardships.
The proposed construction conflicts with the Zoning Code and requires approval of a variance to Section 6-2-10:3 which restricts the height of detached accessory structures to a maximum of 18 feet. The architectural plans show the proposed detached garage is 22 feet 10 inches tall, exceeding the limit by 4 feet 10 inches. The interior layout of the garage features an open ceiling from floor to roof on one half of the garage and a second story attic on the remaining half of the garage. The additional height of the detached garage would allow a car lift to function within the garage and additional storage space.
The Petitioner provided an exhibit showing similar detached garage designs in the immediate surrounding area. There are several garages near the subject property that are noted to exceed the 18-foot height limitation, so the petitioner’s proposal is consistent with garages in the same general vicinity.
Other Department Comments
The City’s electric utility requested that the easements on the subject property be brought up to current standards to include a ten-foot PU&DE along the south property line (rear). The proposed driveway improvement will require an easement encroachment agreement. The Petitioner has initiated the easement encroachment agreement process with City staff.
As such, staff included the following as a condition of approval for the requested variance:
• Prior to the City’s issuance of a building permit for either the proposed detached accessory structure or the proposed driveway, the petitioner shall submit a Plat of Easement dedicating a ten-foot public utility and drainage easement along the south (rear) property line. Concurrent with submittal of the Plat of Easement, petitioner shall be required to submit an easement encroachment agreement to the City for that portion of the proposed driveway which will encroach into the ten-foot public utility and drainage easement along the south (rear) property line.
Conclusion
The PZC and staff are in support of the variance request and find that the proposed detached garage is appropriate since the property is adjacent to the Douglas Ave. alley, the detached garage will be constructed at the rear of the yard and accessed from the alley, and the improvement results in minimal impact to surrounding properties from a street level perspective. The existing garage is a blight to the surrounding properties and in need of removal or replacement.
Findings of Fact
The Petitioner’s responses 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 recommend 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 Van Someren confirmed with staff that the condition drafted will be finalized prior to the City Council meeting. Commissioner Van Someren noted that the PZC does not operate on precedent and neighboring garages shown to exceed the 18-foot height limit are not a factor in the Commission’s recommendation. Following discussion, the PZC closed the public hearing and voted to recommend approval of the Petitioner’s request (approved 7-0).