10-25-1989 Council Agenda - Laserfiche WebLink

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(2) Special conditions and circumstances may not be primarily economic in nature. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c. The special conditions and circumstances do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. e. A genuine hardship exists in complying with the literal terms of this Ordinance. Based on review of the site's configuration and physical surroundings, it appears special conditions do exist which are peculiar to the site and warrant the granting of the requested variance. As shown on the submitted site plan, the subject property is trapezoidal in shape. As such, a typical 30 foot rear yard setback, as required per Ordinance standards, would severely limit the site's buildable area and subsequently, present a hardship to the applicant. It appears the residence floor plan has responded well to the inherent natural features of the area via its southerly orientation toward an existing wetland. It should be noted that the residence's most severe setback infringement lies in its outdoor deck and not in its periphery walls. Therefore, the aesthetic impact of the requested variance is minimized. RECOMMENDATION Review of the applicants setback variance request finds that special conditions do exist which are peculiar to the subject site and therefore, warrant the allowance of a 10 foot rear yard setback. As such, our office recommends approval of the variance request. cc: John Palacio Don Carley Tom Sweeney Kathy Glanzer Ely and Yvonne Arcilla Page 39