Title
Redlin Variance Request - 1223 5th St - Construct detached accessory structure within required side setback.
Body
Summary:
The applicant, Meredith Redlin, is requesting a variance to maintain an existing side setback of 4' for the replacement of a detached garage at 1223 5th St. The required setback in this case would be 7'.
Background:
The house located at 1223 5th St was constructed in 1933 on a 50' x 165' lot. The detached current garage is located 4' from the side property line to the east. The concrete foundation of the existing garage is deteriorating and needs to be replaced. The applicant is seeking to reconstruct the garage on the same footprint while extending an additional 14' to the north.
For accessory structures located within 10' of the principal building at its closest point, the accessory structure shall maintain the same side yard setback as the principal structure. In the R-2 district, the side yard setback for a principal structure is 7'. The SW corner of the existing garage is 7' 8 " from the NE corner of the principal structure, therefore the 7' principal structure setback must be met. Typically, the side setback is 5'.
Variance Criteria: (Sec. 94-44)
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.
There is no unnecessary hardship due to the literal enforcement of this ordinance. A detached garage is allowed on this lot and the proposal could be accomplished while meeting the required setback if the garage were to be located elsewhere on the property.
2) Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district
Homes in this neighborhood differ in the terms of the placement of detached garages. Blocks in this area include alleyways in the rear. Some homes have det...
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