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The applicant has requested a variance to allow a twenty -five <br />(25) foot front yard setback, however, has not requested a <br />variance for the ten (10) foot side yard setback from the <br />residential district. A variance would be needed to allow both <br />setbacks. <br />The Little Canada Zoning Ordinance is explicit in criteria which <br />must be met for the approval of a variance. The standards are as <br />follows: <br />a. Special conditions and circumstances exist which are <br />peculiar to the land, structure, or building involved. <br />(1) Special conditions may include exceptional topographic <br />or water conditions or, in the case of an existing lot <br />or parcel of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be <br />primarily economic in nature. <br />b. Literal interpretation of the provisions of this Ordinance <br />would deprive the applicant of rights commonly enjoyed by <br />other properties in the same district under the terms of <br />this Ordinance. <br />c. The special conditions and circumstances do not result from <br />the actions of the applicant. <br />d. Granting the variance requested will not confer on the <br />applicant any special privilege that is denied by this <br />Ordinance to other lands, structure, or buildings in the <br />same district. <br />e. A genuine hardship exists in complying with the literal <br />terms of this Ordinance. <br />The variance request does not qualify regarding any of the <br />foregoing standards and would create a precedent. Without pre- <br />existing conditions or special conditions resulting from the site <br />or deprivation resulting from provisions of the Ordinance, a <br />variance cannot be recommended for approval. <br />The design concept could be reconfigured to accommodate the B -3 <br />District minimum setback standards. The setback requirements <br />could be accomplished by re- orienting the design by reversing the <br />entire plan. Please refer to Exhibit I. The exchange of <br />building, parking and driveway would allow for a satisfactory <br />solution. All other reconfigurations are encouraged to resolve <br />the setback issues. <br />Page 15 <br />