AGENDA ZONING HEARING OFFICER Thursday, December 20-4:00 p.m. City Council Chamber Moline City Hall 619 16 th Street, Moline, IL 1. Hearing ZH 12-04 (variance) Robert Sr. and Jason (Jake) Lagaisse 2411-2413 46 th Street, Moline Request to construct a residential detached garage 18 feet 4 inches in height to the midpoint of the roof, 3 feet 4 inches taller than allowed in an R-2 One- Family Residence District 2. Other Any person with disabilities who wishes to attend the meeting who requires a special accommodation, or any other person requiring a special accommodation in attending the meeting, should notify Fran Frutiger, Department of Planning and Development, 524-2030, at least 24 hours prior to the meeting time.
STAFF REPORT GENERAL INFORMATION ZONING HEARING Case Number ZH 12-04 Prepared by Shawn Christ, Land Development Manager December 14, 2012 Owner/Applicant: Location: Request: Size of Tract: Existing Land Use: Existing Zoning: Surrounding Land Uses: Public notice: Robert Sr. and Jason ( Jake ) Lagaisse 2411 & 2413 46 th Street, Moline Variance to the bulk/setback standards at Section 35-3201.2 of the Moline Zoning and Land Development Code to allow a residential detached garage to be constructed 18 feet 4 inches in height to the midpoint of the roof, 3 feet 4 inches taller than allowed in an R-2 One-Family Residence District 38,640 SF (0.9 acre two lots combined) One-family residential R-2 (One-Family Residential District One-family residential Legal ad published November 29, Moline Dispatch Notice mailed to all property owners within 250 feet, December 12 BACKGROUND Robert Lagaisse Sr. and his son Jason (Jake) recently acquired and demolished the home at 2411 46 th Street. This home was in poor condition prior to demolition (photos are attached). The now vacant lot has been combined with the existing home and lot at 2413 46 th Street. The owner wants to construct a detached pole barn garage that is tall enough to store his RV motorhome. He has applied for a variance to increase the height from 15 feet to 18 feet 4 inches (to the roof midpoint) to provide adequate clearance for the RV. The proposed garage dimensions are 24-feet wide and 45 feet long. ANALYSIS & APPROVAL CRITERIA Section 35-2207(c) of the Moline Code of Ordinances establishes the approval criteria for zoning variances. Applicants must demonstrate that all of the approval criteria are satisfied in order for a variance to be granted. Each criterion is identified below with staff s findings. Please refer to the application form for detailed descriptions of these criteria. Criteria #1: Hardship Unique to Property, Not Self-Inflicted (MET)
This criterion allows for exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zoning district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or the owner of the property, or any previous property owner. Outdoor storage of motor homes and many camping RVs is prohibited in residential districts, however, indoor storage is acceptable. Attached garages may be increased in height to accommodate a motorhome, however, detached garages cannot. An addition to this home is not practical due to the existing garage and driveway configuration needed for a motorhome. We find that the intended use to store the motorhome indoors on this property without a reasonable solution for an attached home addition to be an exceptional condition and the limited height for detached garages to be an undue hardship on the property. Criteria #2: Special Privilege (MET) Staff believes this variance will not award a special privilege on the applicant which is denied to other properties in this zoning district. There are multiple two-story homes in the vicinity of the subject properties and one tall garage north of the site. Criteria #3: Literal Interpretation (MET) It is Staff s opinion that the literal interpretation of the code deprives the applicant of rights commonly enjoyed by other properties in the same zoning district because the code does not allow for taller detached garages for the purpose of storing RVs indoors. Criteria #4: Reasonable Use (MET) This is a large property, nearly an acre in size, which can easily accommodate larger structures. A motorhome is too large to store outdoors, and indoor storage in a slightly taller garage is a reasonable use of the property considering the property s size and the garage s proposed distance from the street. Criteria #5: Minimum Necessary (MET) In Staff s opinion, the requested variance is within the minimum necessary to make reasonable use of this property. The requested variance is 3 feet 4 inches, a 28% variance, just enough to provide overhead clearance for the motorhome. Criteria #6: Compatible with Adjacent Properties (*CONDITIONALLY MET*) There are two-story homes in the vicinity of the subject property, all of which are taller than the proposed garage. A variance to increase the garage roof height as proposed is compatible with the adjoining properties, however, in staff s opinion the proposed use of corrugated metal siding on this building will not be compatible with the neighborhood due to the increased size and increased height. The large pole barn, with corrugated metal siding panels, will look like an agricultural or industrial storage building in this residential neighborhood. Staff feels this criterion can only be met if the applicant eliminates the metal panel siding and installs residential-appropriate horizontal lap siding to match the siding used on other residential buildings in this neighborhood. This should be required as a condition for approval pursuant to Sec. 35-2207(c)(6) to protect the adjoining neighborhood and the intent of the zoning code. Criteria #7: Conformance with the Purposes of the Code (MET) Staff believes conditionally granting this variance would not conflict with stated purposes in the Zoning Code, including the preservation and enhancement of existing neighborhoods and 2
development and promoting new development consistent with the purpose and intent of each residential district. Criteria #8: Conformance with the Comprehensive Plan (MET) Staff finds the application does not conflict with the goals and objectives of the City of Moline Comprehensive Plan, including the expansion and stabilization of existing residential neighborhoods in Moline. RECOMMENDATION Based on the above, staff finds all eight (8) variance approval criteria to be met, subject to a condition at criteria #6 which requires the elimination of the metal siding panels and replaced with a horizontal lap siding consistent with the adjoining residential structures. Consequently, staff recommends that the requested variance be conditionally approved in accordance with the above. ATTACHMENTS Parcel Map, Zoning Map, Application materials 3
47TH STREET.4 93.76 G 17 CHURCH L 25TH AVE CT I R 1 46TH STREE 5 280.7 113 45TH 10 93.75 100.75 63.38 280.77 075661 075658 075617 75 72 31 140 140 132.73 50 197.08 69 141.2 89 50 69 42.5 35.3 60.9 5 99.13 98.26 9.7 135.83 280.9 50 69 45 138 138 43.63 20 140.9 140. 44 69 65 140.1 70 70 40.78 280.5 39.9 84.58 106.08 50 69 100.75 74 97 70.5 99.07 96.99 27.2 20 50.5 100.75 40 26.8 (143) 54 75 280.1 40.47 58 15 09 59.1 56 96 113 1.6 56 56 56 26 70 50 69 280.3 145 113 99.4 222.5 143 17 102.74 68 46.44 90 109.42 12 1 2 140.01 1 079279 125 68 100 66 42.5 100.75 40 076244 0711934 0711933 075672 075647 075628 0711932 0711931 075671 075648 075627 07999 076245 0711935 075670 075649 075626 075669 075650 075625 075668 075651 075624 0792 076246 0711936 076247 0711937 0711938 0711939 076248 69 075667 075652 075623 075666 075653 075622 075665 075654 075621 075664 0756 075620 0793 0794 07997 075663 075656 075619 07996 075662 075660 74 075657 075659 075618 075616 075615-1 450 30 075354 075353 07997-A 075352 07995 075351 075350 07994 075349 07994-A 075348 076249 076250 076251 076252 076253 076254 0762 197.08 076256 54.45 33 075615 07993 9 8 7 6 5 4 3 076257 71 076258 0711297 0711296 0711295 0711294 071129 079278 079277 12 27 73 28 29 15 14 13 1 2 3 2 3 4 5 9 0.5 26 85 84 83 82 81 80 79 78 63 65 66 67 68 69 77 70 76 62 71 64 41 40 39 38 37 36 35 34 33 32 451 13 10 18 11 17 12 16 15 13 14 10 11 12 13 14 15 16 17 18 19 20 21 22
25THAVCT R-2 proposed garage 24' x 48' home demolished 45THST R-2 46THST 25THAV 44THST R-2 26THAV 47THST