Title
Bauman Variance Request - 1734 3rd Street - Construct a 1,064 square foot accessory structure 3 feet from side property line
Body
Summary:
The applicant is seeking a variance to construct a 1,064 square foot accessory structure 3 feet from the side property line in an R-1B District. The ordinance restricts accessory structures to 1,000 square feet of all floors combined or 25% of the rear yard area, whichever is less. The side yard setback for a detached accessory structure is 5 feet if it is more than 10 feet from the residential structure and/or more than 60 feet setback from the front lot line.
Background:
The applicant is proposing to remove an existing 20' x 24' detached garage which is setback one (1') from the east side lot line with a 26' x 28' detached garage setback three (3') feet from the east side lot line. The new garage would be setback back farther to the south to provide more clearance from the house. In addition, the proposed garage would include an attic area. For purposes of calculating the square footage of the accessory structure, the main floor plus the attic area is calculated.
The neighboring property to the east received a variance in 2016 to expand the garage to the south and keep the rear wall of the garage in line with the existing garage. The neighbor's garage is 3 feet off the property line.
Variance Criteria:
1. Due to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of the variance.
Special conditions associated with the lot are not known at this time and therefore there is not an unnecessary hardship to the applicant.
2. Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district.
The Morningside Addition was developed primarily during an era in which the single-stal...
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