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Request by Mark Miller for a side and rear yard setback variance at 11717 Watertown Plank Road
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Submitted by:
Art Piñon
Department:
Development
A. Issue
The applicant is requesting variances to the side and rear yard setbacks to expand an existing home located at 11717 W. Watertown Plank Road in the Two-unit Residential (R2) zone. With exception to the side and rear yard setbacks, the proposal is anticipated to meet development standards. The table below illustrates the proposed setbacks to the side and rear property lines and minimum setbacks required per WMC 24.02.030:
|
Variances Requested |
Proposed Setback |
Required Minimum Setback |
|
Side Yard (East Property Line) |
2 feet |
6.45 feet |
|
Rear Yard (South Property Line) |
2 feet |
25 feet |
The subject property is a flag lot and is surrounded by a mix of duplexes and single family residential uses. The house is a nonconforming structure as it does not meet the required rear and west side setbacks. Per WMC 24.15.040, expansions to nonconforming structures are permitted if the proposed expansion complies with applicable lot and building standards.
Attached to this report are a letter addressing the four variance findings in accordance with WMC 24.16.060.H, plat of survey, plat of survey with requested variances, site aerial, floor plan, plans with an elevation, and letters of support from the neighbors.
B. Recommendation
The standard four criteria should be applied to make the determination for the requested variances:
1. Exceptional circumstances do exist pertaining to this lot.
2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity.
3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests.
4. That the difficulty or hardship was not created by the property owner.