Levesque Reasonable Accommodation
135 Byron Court
Reasonable Accommodation Guidelines
The following guidelines are for consideration by the Planning Commission 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 property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.
2. Consider the feasibility of reconfiguration of the existing floor plan to accommodate specific needs.
Staff Analysis: The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home. This cannot be accommodated within the existing floor plan. Additionally, the property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.
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 unpermitted, approximately 506 square-foot, carport structure complies with the maximum 30-perfect lot coverage requirement (29.9-percent proposed), as well as the 35-foot height limit (13 feet, 6 inches proposed).
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 unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still require a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced effects on privacy and solar access due to its proximity to surrounding properties.
Levesque Reasonable Accommodation
135 Byron Court
ENT-2023-0058
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 unpermitted carport structure is located on the side yard containing the larger setback area, which also contains the existing driveway for access. However, the structure could be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The structure was built without City review and permitting, thus, no opportunity to review compliance was considered prior to construction.
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 unpermitted carport structure currently encroaches into the side yard setback.
The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home, therefore, the carport must be located adjacent to the side entry to the home and requires vehicle access through the existing driveway. Additionally, the existing rear yard is fully landscaped and contains a pool.
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: The carport features a pitched roof and open sides. The structure is 13 feet, 6 inches tall at the peak of the roof and is constructed with four 6-foot by 6-foot steel support posts with wood framing. The applicant intends to paint the structure with the same trim color as the existing home for compatibility and compliance with the Design Guidelines.
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 existing/proposed carport is not a building addition/expansion and does not contain solid walls. No changes to the existing driveway, doors, or windows are proposed.
Other general guidelines:
1. Consider decorative pavement or, decomposed granite, rather than standard paving materials for necessary walkways.
Staff Analysis: No changes to the existing driveway or pathways are proposed. The existing first 60 feet (approximately) of the driveway and pathway to the front door are constructed out of decorative pavers.
2. Consider using decorative building materials and high quality design for any reasonable accommodation that results in structure modifications.
Levesque Reasonable Accommodation
135 Byron Court
ENT-2023-0058
Staff Analysis: The existing/proposed carport structure is built using high quality, durable materials including four 6-foot by 6-foot steel support posts and wood framing.
3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).
Staff Analysis: The existing/proposed carport structure will provide covered parking over an existing paved area already used for off-street parking. The project will have no impact on on-street parking.
4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.
Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still requires a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced impacts to surrounding properties. Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line. Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
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 existing/proposed carport structure can feasibly be removed since it has no structural bearing on the primary structure.