CASE # JSE EXECUTIVE SUMMARY SPECIAL EXCEPTION STAFF CONTACT: MIKE TERTINGER

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CASE # JSE16-0006 EXECUTIVE SUMMARY SPECIAL EXCEPTION STAFF CONTACT: MIKE TERTINGER OWNER/APPLICANT INFORMATION OWNER/APPLICANT: MAILING/PROPERTY ADDRESS: John & Penelope Marion 1400 Arrowhead Rd Mt.

1 CASE # JSE EXECUTIVE SUMMARY SPECIAL EXCEPTION STAFF CONTACT: MIKE TERTINGER OWNER/APPLICANT INFORMATION OWNER/APPLICANT: MAILING/PROPERTY ADDRESS: John & Penelope Marion 1400 Arrowhead Rd Mt. Vernon, IA REQUEST The applicant is requesting a special exception from the required corner side yard setback of fifty (50) feet in the AG (Agricultural) zoning district. The applicant is requesting to build a stationary carport on an existing angled driveway parking spot which will be forty-one (41) feet from the corner side property line. The carport will be approximately 12 x 16. OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL The proposed stationary carport will be located northeast of the existing home in the angled driveway parking spot closest to the home. A demonstration of practical difficulty appears to have been shown in this case due to the location of the existing dwelling, garage, and driveway configuration in relation to the front and corner side yard setbacks that does not reasonably allow for an alternate carport placement. STAFF RECOMMENDATION Staff recommends approval of this application as it appears that a practical difficulty has been demonstrated

Planning & Development Linn County, Iowa www.linncounty.org/planning phone 319.892.

2 Planning & Development Linn County, Iowa phone fax Jean Oxley Public Service Center 935 Second Street Southwest Cedar Rapids, Iowa PROPERTY INFORMATION: MAP DESIGNATION: AA (Agricultural Area) CURRENT ZONING: AG (Agricultural) SURROUNDING LAND USES AND ZONING North Agricultural; AG South Agricultural; AG East Agricultural; AG West Agricultural, 1 single-family dwelling; AG PARCEL SIZE: 1.01 acres STAFF REPORT SPECIAL EXCEPTION CORNER SIDE YARD SETBACK JSE Board of Adjustment Meeting: SEPTEMBER 28, 2016 FINDINGS OF FACT: 1. John & Penelope Marion are the owners of record of the subject property. 2. The Rural Land Use Map designation is AA (Agricultural Area). 3. The property is zoned AG (Agricultural). 4. The required corner side yard setback is fifty (50) feet in the AG (Agricultural) zoning district. 5. The carport is proposed to be located forty-one (41) feet from the corner side property line. 6. The property is 1.01 acres in size.

3 Case # JSE , Page 3 of 5 7. The property owner filed the special exception request with the Planning and Development Department on August 19 th, LEGAL PRINCIPLES: Article 4, Section 10, Subsection 3, of the Unified Development Code provides the following standards for the granting of a special exception. No variation in the application of the provisions of this Ordinance shall be made unless and until the Board of Adjustment shall be satisfied that all of the following criteria are met: (a) Strict compliance with the restrictions governing setback, frontage, height, or other bulk provisions of this Ordinance would result in a practical difficulty upon the owner of such property and only where such exception: i. Does not exceed 50 percent of the particular limitation or number in question, or; ii. Is from a yard requirement to permit an addition to an existing legal nonconforming building, and such addition extends no further into the required yard than the existing building; Analysis: The required corner yard setback in the AG (Agricultural) district is fifty (50) feet; the proposed carport is to be forty-one (41) feet from the property line. This would appear to meet the standard (i) above. Staff Conclusion: The proposal appears to meet the standards set forth in Article 4, Sec. 10, 3 (a). (b) The exception relates entirely to a permitted use (principal, conditional, or accessory) classified by applicable district regulations, or to a permitted sign or off-street parking or loading areas accessory to such a permitted use; Analysis: A carport is a detached accessory structure which is permitted use in the AG (Agricultural) zoning district. Staff conclusion: The special exception request appears to meet the requirement that it is related to a permitted use. (c) The practical difficulty is due to circumstances, unique to the property and prohibits the use of the subject property in a manner reasonably similar to that of other property in the same district. Such circumstances include but are not limited to topographical condition, surroundings, size, shape or other condition, location of public utilities or public improvements on or adjacent to the subject property, or other extraordinary or exceptional situation; Analysis: The purpose of the proposed carport is to add covered parking outside of the existing garage and over the existing driveway. The upper section of angled parking is forty-one (41) feet from the corner side property line at its closest point. The lower section of angled parking furthest from the dwelling, if used as an alternate location for a carport, would be encroaching on both the corner and front yard setbacks. Staff conclusion: The request appears to be a practical difficulty in that the proposed carport cannot be placed in another location due to the layout of the existing driveway, garage and dwelling, and without violating the fifty (50) foot front yard setback as well as corner side yard setback.

4 Case # JSE , Page 4 of 5 (d) A grant of the special exception applied for, or a lesser relaxation of the restrictions than applied for, is reasonably necessary due to practical difficulties related to the land in question and would do substantial justice to an applicant as well as to other property owners in the locality; Analysis: The existing angled parking spot is forty-one (41) feet from the corner side yard, and the required corner side yard setback is fifty (50) feet in the AG zoning district. The most reasonable driveway location for a carport cannot be accomplished such that it that would not violate the required setback standards without applying for a Special Exception Staff conclusion: The request appears to be reasonably necessary in order to provide substantial justice to the applicant in this case. (e) Such practical difficulties cannot be overcome by any feasible alternative means other than an exception; Analysis: As previously mentioned, in order to allow the construction of the carport that uses the existing driveway, a special exception has to be granted. Staff conclusion: The request appears to meet the standard. (f) Relief can be granted in a manner that will not alter the essential character of the locality. Analysis: The carport will be located on what is an already existing driveway parking spot. Its size and scale will not alter the essential character of the locality. Staff conclusion: The request appears to meet the standard. Staff concludes that all six criteria have been met. If the Board determines that one or more of the above criteria is not met, the Board must deny the special exception. ALTERNATIVES: The Board of Adjustment may consider the following alternatives: 1. Grant the requested special exception subject to conditions. 2. Grant relief less than or different from the requested special exception. 3. Deny the requested special exception. STAFF RECOMMENDATION: Staff recommends alternative 1; grant the proposed special exception request for the following reasons: 1. The proposal meets all of the legal principles. IT IS THE RESPONSIBILITY OF THE APPLICANT TO COMPLETE ALL CONDITIONS, AS OUTLINED IN THIS STAFF REPORT, PRIOR TO FINAL APPROVAL OF THE CASE. IF YOU HAVE QUESTIONS REGARDING A CONDITION, CONTACT THE DEPARTMENT UNDER WHICH THAT CONDITION IS LISTED. THE CONTACTS NAMES AND PHONE NUMBERS ARE LISTED BELOW. ITEMS IN THE COMMENTS SECTION ARE NOT A REQUIREMENT TO BE MET PRIOR

5 Case # JSE , Page 5 of 5 TO APPROVAL. THEY ARE INTENDED TO INCREASE YOUR KNOWLEDGE AND AWARENESS OF ISSUES THAT MAY POSSIBLY EXIST ON THE PROPERTY. LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION MIKE TERTINGER, PLANNER, If the Board of Adjustment grants the special exception, the applicant shall obtain a zoning permit and all necessary building permits prior to the start of any construction on the property.

AMENDMENTS TO CHARTER TOWNSHIP OF GARFIELD ZONING ORDINANCE

AMENDMENTS TO CHARTER TOWNSHIP OF GARFIELD ZONING ORDINANCE Amendment 1 to Ordinance No. 68 approved February 9, 2016 and effective February 28, 2016 provided for the following changes to the Zoning Ordinance: