50.08.002 MINOR VARIANCE

1. PURPOSE

The purpose of variances is to allow development not in conformance with the requirements of the Community Development Code relating to the property except as provided in LOC 50.08.002.4.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. VARIANCE STANDARDS

a.    The reviewing authority may grant a minor variance from the requirements of this Code, except as expressly prohibited, if it is established that:

i.    The granting of the variance will not be detrimental to the public health or safety, or materially injurious to properties or improvements within 300 ft. of the property.

ii.    The proposed development will not adversely affect existing physical and natural systems such as traffic, drainage, Oswego Lake, hillsides, designated sensitive lands, historic resources, or parks, and the potential for abutting properties to use solar energy devices any more than would occur if the development were located as specified by the requirements of the zone.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. CLASSIFICATION OF VARIANCESCode Interpretations

A variance which would allow development not in conformance with the requirements of the development standards may be granted. The City Manager shall decide the classification of any variance application.

Minor variances are small changes from the Code requirements and which will have little or no effect on adjacent property or users. Minor variances include:

a.    Variance from front, rear, side, and street side yard setback requirements of the zone and from the Oswego Lake setback for a single-family dwelling, zero lot line dwelling or associated accessory structures that do not comply with the three criteria set forth in LOC 50.03.004.2.b.i(1) through (3):

i.    Twenty percent, or less, provided the resulting side yard setback is no less than five ft. in width; or

ii.    The request is the minimum necessary to preserve a tree and both:

(1)    The resulting yard setback is no less than 50% of standard required by the zone.

(2)    Side yards are not reduced to less than five ft.

b.    Variance from yard setback requirements for a structure other than those described in LOC 50.08.002.3.a, of:

i.    Two ft. or less in side or front yards;

ii.    Five ft. or less in rear yards; or

iii.    The request is the minimum necessary to preserve a tree and both:

(1)    The resulting yard setback is no less than 50% of standard required by the zone;

(2)    Side yards are reduced to not less than five ft.

c.    Variances from minimum lot width or depth of five ft. or less.

d.    Variances in lot coverage on lots which have the same boundaries as when platted and which were platted with an area less than the current zoning requirement for single-family residential dwellings and accessory structures of up to and including 15% of the maximum allowed lot coverage.

e.    Variances in floor area for single-family residential development, up to a maximum 15% increase in floor area, subject to the following lot size limitations:

TABLE 50.08.002-1: VARIANCE IN FLOOR AREA

Zone

Minimum Lot Size Required if House Floor Area Is to Be Adjusted Under Minor Variance

R-5

10,000 sq. ft.

R-6

12,000 sq. ft.

R-7.5

15,000 sq. ft.

R-10

15,000 sq. ft.

R-15

22,500 sq. ft.

f.    Variances from maximum fence or retaining wall height restrictions pursuant to LOC 50.06.004.2.

g.    Variation to the maximum grade of a private street or driveway.

h.    Variances for construction of a dormer that does not exceed the height of the roof ridge in which the dormer is being constructed in an existing single-family detached dwelling that is nonconforming relative to lot coverage or setbacks.

i.    Variances to distance of driveway from intersections (LOC 50.06.003.2.b).

j.    Variances to street frontage (LOC 50.06.003.1.c), at the time of creation of subdivision lots.

k.    Variances to driveway width for flag lots (LOC 50.07.007.2.c).

l.    Variances for elevated walkway or pathway within setback or yard.

m.    Variances to yard requirements for extension of existing nonconforming walls, provided:

i.    The square footage of any new encroachment into the setback does not exceed the square footage of the existing nonconforming, encroaching portion of the structure.

ii.    The resulting structure complies with the floor area, lot coverage and other setback requirements.

iii.    The variance shall not reduce the yard setback by more than 50%.

iv.    No previous variance has been granted for an extension of the subject nonconforming wall.

v.    The expansion area shall be defined by the extension of two or more existing exterior walls.

n.    Variances to dimensional requirements that are necessary due to prior errors in land surveying. Prior errors in land surveying are errors that were made before the applicant acquired the property or gained control of the property.

o.    Determination of the front yard for flag lots (LOC 50.07.007.2.d).

p.    Limitation on maximum height of solar system (panels), LOC 50.04.003.4.b.ii.

(Ord. 2526, Amended, 12/18/2012; Ord. 2579, Repealed and Replaced, 03/20/2012)

4. VARIANCES NOT ALLOWABLE

a.    No minor variance shall be granted that will permit a use not permitted in the applicable zoning district or that will increase the allowable residential density in any zone.

b.    No minor variance to a zone requirement for which an exception was granted pursuant to LOC 50.07.007.4.d.ii, Dimensional Exceptions, shall be granted to a lot within a planned development where an exception to the zone requirement was granted from the underlying zone requirements by the planned development overlay approval.

c.    No minor variance shall be granted to a setback required under LOC 50.05.010, Sensitive Lands Overlay Districts. This provision does not prevent modification of protected riparian areas or setbacks as permitted in that section.

[Cross-References: LOC 50.08.002.4.b: See LOC 50.07.007.4.c.iii – modifications to planned developments; LOC 50.07.003.11 for modification of lot area or setback requirements within a planned development where any lot’s dimension, lot area, or setback was modified from the underlying zone requirements.]

(Ord. 2579, Repealed and Replaced, 03/20/2012)