4607 HOYT AVE 2016-01-01 MF Import

� BOARD OF ADJUSTMENT FINDINGS� CONCLUSIONS AND ORDER (Variance �74-66) Based upon the written request for a variance from the City�s zoning code� specifically 19.42.040 D, to allow the side yac�d setback for a detached garage to be reduced from six feet, as required by the zoning code, oade by N,ary Servais and Ed Schulz hereinafter referred to as "Applicant", iiregarding property located at 4607 Hoyt Avenue, the Board of Adjustment, ' following a public hearing on said application held on June 2� 1986� and I�i further having r:viewed all testimony, makes the following Findings, Conclusions, and Order. FINDINGS AND CONCLUSIOf7S: 1. That there have been exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not apply generally to other properties in the same vicinity or zone. a. Finding: The majority of the lots in the immediate project vicinity are served by an alley which provides vehicular accesa to the roar oY the 1��. Many of the lots have detached structures which are located near the alley. The zpplicant has stated ��zero to three feet is a ��mmon side setback in this neighborhood for garzges at the Sack of properties.�� Staff has verified thut this is true. b. Conclusion: The subject property is not developed with a garage on the rear of the property as is generully applicable to surrounding lots in ti�e same zone. Maay such structures have side setbacks less than required by zoning. 2. ihat such variance is necessary for the preservation and enjoyment of a. substantial p�operty right of the appellant possessed by the owners of other properties in the same vicinity or zone. a. Finding; Although there are many detached accessory struc�ures in the vicinity with setbacks less than required by zor.ing regulations, the requested setback of 1.5 feet is less than customarily approvad by the Board of Adjustment. � three foot setback would be less than required by zoning regulations, would allow enough room for maintenance of the building and be r.onsistent with past Board of Adjustment actions for similar tequests. b. Conclusion: p three foot side yard setback would provide a reduction in the setback requirements but would not �eny the applicant a right enjoyed by others.