Reasonable Accommodation Zoning Administrator Guidelines The following guidelines are for consideration by the Zoning Administrator when reviewing reasonable accommodation requests. When a request for reasonable accommodation is considered that would result in an encroachment into setbacks (mainly front and side yard), exceedance of allowed building heights, or exceedance of allowed lot coverage or floor area ratio, the following factors should be considered:
1. Consider the feasibility of conversions of garages and/or basements to accommodate the need for additional floor space rather than expansion of the building footprint or building height.
Staff Analysis: The applicant has noted that the existing garage cannot be converted into a physical therapy room as it houses the accessible van. Staff believes that the garage could be converted into a physical therapy room, though it would require that the van be parked elsewhere. By converting the existing garage, no expansion of the existing building footprint would be required, thus eliminating the impact on the adjacent properties. This does not apply to the proposed fence/gate.
2. Consider the feasibility of reconfiguration of the existing floor plan to accommodate specific needs.
Staff Analysis: A floor plan of the existing home was not submitted, thus staff is not able to analyze the feasibility of a reconfiguration of the existing home. This does not apply to the proposed fence/gate.
3. Consider the feasibility of an addition that would result in a lot coverage exceedance before considering an addition that would increase building height or result in a building height exceedance.
Staff Analysis: The existing/proposed approximate 100 square foot physical therapy room could be constructed at other areas of the site and not resulting in non-compliant development standards such as an addition to the rear of the home (west). This does not apply to the proposed fence/gate.
4. Consider alternative designs and methods of accommodation to minimize the potential effects on privacy and solar access for surrounding properties if a building height or setback exceedance is proposed.
Staff Analysis: The existing/proposed accessory structures (physical therapy room and carport) are located approximately two to three from the shared property lines (where five and 20 foot setbacks are required). If the structure complied with the setbacks, there would be reduced effects on privacy and solar access due to its proximity to surrounding properties.
Plans submitted indicate that the existing/proposed carport cover is approximately 12 feet tall (at the peak) and is in compliance with the height standard for accessory structures.
This does not apply to the proposed fence/gate.
5. Consider the feasibility of locating an accommodation involving a side yard setback encroachment on the side of the property that has the larger setback or where the adjacent property structure is setback furthest from the subject structure.
Staff Analysis: The project site consists of approximately 16,552 square feet which could accommodate the existing/proposed structures at various locations. The structure was built without City review and permitting, thus, no opportunity to review other locations were considered, despite less impactful locations. This does not apply to the proposed fence/gate.
6. Consider the feasibility of allowing an accommodation to encroach into a rear yard setback, before considering a side or front yard setback encroachment.
Staff Analysis: The existing/proposed structures encroach into the front and side yard setbacks. The structure was built without City review and permitting, thus, no opportunity to review other locations were considered, despite less impactful locations. The proposed six-foot tall fence/gate would be constructed on the front property line with no setbacks.
Based on the applicant request there is no alternative to the front yard as the fences main purpose is to enclose the front yard, however, the fence could be reduced in height to three feet and still address the concerns of the applicant. In addition, the site has substantial spaces in the rear and side yard areas that could accommodate the needs noted by the applicant.
7. Review proposed additions/expansions/structures to ensure that they have adequate exterior articulation and architectural interest and are in substantial conformance with the City's Design Guidelines.
Staff Analysis: Though the existing carport and therapy room have similar architecture to the existing structures and address various Design Guidelines regarding architecture. The proposed fence/gate would not be in substantial conformance with the Design Guideline as vehicular gates are discouraged.
8. Review expansions to ensure that privacy of adjacent properties is protected where feasible (such as window types, locations, placement of exterior elements, location of walkways, etc.).
Staff Analysis: The proposed project is not a building addition/expansion. The proposed fence/gate would not impact the privacy of adjacent properties.
Other general guidelines
1. Consider decorative pavement or, decomposed granite, rather than standard paving materials for necessary walkways.
Staff Analysis: N/A
2. Consider using decorative building materials and high quality design for any reasonable accommodation that results in structure modifications.
Staff Analysis: N/A
3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).
Staff Analysis: N/A
4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.
Staff Analysis: As proposed, impacts to the neighborhood are not minimized; the therapy room could be located in other locations that are away from surrounding properties while still provided similar access. The proposed six-foot tall fence/gate would not impact the neighborhood
5. Determine if the proposed accommodation can feasibly be removed when the occupant requesting the accommodation no longer resides on the property. If removal is feasible, the reasonable accommodation may be conditioned to be removed in the future and an appropriate method of ensuring the property owner's responsibility for removal can be included in conditions of approval and/or a deed restriction.
Staff Analysis: The Chief Building Official has noted that the structure and the fence/gate can feasibly be removed.