Laserfiche WebLink
c. The special conditions and circumstances do not <br />result from the actions of the applicant. <br />d. Granting the variance requested will not confer on <br />the applicant any special privilege that is denied <br />by this Ordinance to other lands, structures, or <br />buildings in the same district. <br />e. A genuine hardship exists in complying with the <br />literal terms of this Ordinance. <br />None of the above listed points can be justified by the <br />applicant. No special conditions exist on the site, in fact, the <br />lot is larger and wider than the corner lot requirements state in <br />the R -1 Zoning District. The lot size is 18,380 square feet, <br />8,380 square feet more than the required 11,000 square feet. The <br />lot is also 91.9 feet in width, 11.9 feet wider than the required <br />80 feet. There is plenty of room to place the garage on the lot <br />in compliance with required setbacks. <br />Interpretation of the Ordinance will not deprive the applicant of <br />any rights his neighbors enjoy. Granting a variance however, <br />will give the applicant the "special privilege" of allowing his <br />garage to be non - conforming, when it is possible to bring the <br />structure into compliance. Granting a variance with such a <br />result is not in conformance with item "d" in the above <br />list. <br />Finally, no genuine hardship exists in complying with the R -1 <br />setback requirements for accessory buildings. The garage can be <br />moved into compliance and a ten (10) foot setback established and <br />maintained. As is also stated above [item a. (2)], "circumstances <br />may not be primarily economic in nature." Whereas, we sympathize <br />with the applicant, with regard to costs incurred by moving the <br />garage and concrete slab, the Ordinance states that economic <br />considerations are not justification for granting a variance. <br />Ordinance Violation: <br />The attached photographs show a small, yellow vehicle parked <br />between the house and the existing garage concrete slab. This <br />vehicle is in violation of Ordinance Section 903.050.F.6. The <br />Ordinance states "In the case of single family, two - family <br />townhouse and quadraminium dwellings, parking shall be prohibited <br />in any portion of the front yard, except designated driveways <br />leading directly into a garage or one (1) open, surface space <br />located on the side of a driveway, away from the principal use." <br />The vehicle must be moved onto the driveway area. <br />RECOMMENDATION <br />The existing concrete slab encroaches two and one -half feet (2 <br />1/2) into the side yard setback. Whereas we are sympathetic <br />Page 43 <br />