Laserfiche WebLink
Little Canada Planning c <br />3 April 1986 <br />Page Two <br />mission <br />(2) Special conditions and circumstances may not be primarily economic <br />in nature. <br />b. Literal interpretation of the provisions of this Ordinance would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance. <br />c. The special conditions and circumstances do not result from the actions of <br />the applicant. <br />d. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or <br />buildings in the same district. <br />e. A genuine hardship exists in complying with the literal terms of this <br />Ordinance. <br />EVALUATION <br />a. The request qualified as a special condition as the ordinance includes existing <br />lots which are particularly narrow, as is this one. Its frontage is just 60.56 <br />feet, far short of the required 80 feet, upon which the 30 foot side yard is <br />based. <br />b. The parcel to the north, across Burke Lane appears to be no more than 10 feet <br />from the lot line, based on a visual site inspection. <br />c. The applicant did not plat this lot. <br />d. The presence of a legitimate special condition sets this request apart from <br />this issue. <br />e. A hardship is seen to exist as the narrowness of the lot, combined with the <br />required 30 foot side yard make a large portion of the lot unbuildable without <br />a variance. <br />It should be noted that there will be adequate area in front of the new house to <br />divide a second lot were Condit to be improved. However, this subdivision would <br />not be allowed as the new lot would not have sufficient width to quality as a <br />legal lot. The applicant should be made aware of this situation. <br />RECOMMENDATION <br />It is our recommendation that the side yard setback be approved. This recommendation <br />is made as it is our opinion that a genuine hardship exists in complying with the <br />ordinance requirements in this regard. <br />cc: Joe Chlebeck <br />Tom Sweeney <br />John Palacio <br />Don Carley <br />William Dukowitz <br />Page 37 <br />