09-22-1993 Council Agenda - Laserfiche WebLink

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ANALYSIS In considering all requests for a variance and in taking subsequent action, the City staff, the Planning Commission, and the City Council serving as the Board of Adjustment and Appeals shall make a finding of fact that the proposed action will not: 1. Impair an adequate supply of light and air to adjacent property. 2. Unreasonably increase the congestion in the public street. 3. Increase the danger of fire or endanger the public safety. 4. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this ordinance. 5. Violate the intent and purpose of the City Comprehensive Plan. The requested five (5) foot side yard setback variance, to angle a single family home on a residential lot which slightly angles the location of the home, will not have a negative effect any of the above. The intent of the ten (10) foot side yard setback requirement in the R -1 zoning district, is to maintain adequate open space (20 feet) between single family homes. The home located to the north is set 22 feet back from the side property line, and contains mature trees, which screen it from the subject property. As proposed, the distance between the proposed home and the home to the north is 27 feet (Exhibit B), therefore, the proposal meets the intent of the Comprehensive Plan. A variance from the specific requirements outlined in the City Code shall not be granted unless it can be demonstrated that: 1. Special conditions and circumstance exist which are peculiar to the land, structure, or building involved. Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. Special conditions may not be economic in nature. The site contains slopes and wooded areas, which could be considered special conditions. The applicant is proposing to place the house in a location which has the least amount of impact on the slopes and trees. This lot was recently platted as part of the Fredrickshaven Subdivision. During the review of the subdivision by the City, there was much discussion 2 Page 37