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Variance Request – WilsonWolf (2100 Old Highway 8) <br />Planning Commission Report; 8-18-20 <br /> <br /> <br />Page 5 <br />(cont.) <br /> <br />development, commercial and industrial areas can be everchanging, making <br />adherence to setbacks (when required) more critical in those zoning districts. <br /> <br />FAR Analysis:  FAR is not at issue with this application. <br /> <br />Flood Plain <br />Analysis: <br /> Floodplain is not an issue for the area in question. <br /> <br />Shoreland <br />Issues: <br /> There are no variances to Shoreland standards being requested. <br /> <br />Building Height:  Height will not be an issue for a proposed patio. <br /> <br /> <br />Variance Review: <br />APPLICANT <br />Project Narrative: <br />We request the 15’ setback be set aside were we plan on installing an outdoor patio on the <br />North side of the building out to the property line. This maximizes the 14’ from the building to <br />the property line. <br /> <br />Criteria <br />Analysis: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />The applicant is requesting a 15-foot variance from the required 15’ side yard <br />setback. Per the code definition of “structure,” an active patio like the one proposed <br />by this application (includes a permanent BBQ and permanent pergola with seating <br />for up to 20) IS a structure that must meet setbacks. <br />General Variance Standards <br />1) Is the variance is in harmony with the general purpose and intent of the <br />Zoning Code? <br />Staff Analysis: In staff’s opinion, the requested variance to allow for a zero-foot <br />setback is not in alignment with the intent of the zoning code. Zoning setbacks <br />are established to provide consistency in development and adequate separation <br />between uses for safety and aesthetic purposes. There certainly can be <br />allowances in zoning to allow structures like patios within setbacks, but there are <br />no such exceptions in the I-1 district for a good reason: due to the changing nature <br />of commercial and industrial areas, a tranquil side yard in one year could be <br />directly adjacent to a busy road or parking lot the following year. <br />Per I-1 zoning regulations, staff estimates that the closest zoning could allow the <br />proposed patio to an active roadway is approximately 50 feet (a 40’ setback to <br />the property line abutting the road, and a bare minimum 10’ boulevard before the