07/24/1995 Council Packet - Laserfiche WebLink

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According to the City Zoning Code, "variances from the literal provisions of the ordinance may be granted in instances where their strict enforcement would cause undo hardship because of circumstances unique to the individual property under consideration." The City must make findings of fact that: A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The townhome units could be further redesigned to meet the setback requirements, most likely eliminating 1 or 2 units. B. That the plight of the landowners is due to circumstances unique to his property not created by the land owner. The change which occurred between preliminary plat and final plat was created by the land owner. C. That the hardship is not due to economic consideration alone and when a reasonable use for the property exists under the terms of the ordinance. A reasonable use of the property does exist with a redesigned structure. D. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. A setback variance could have been incorporated into the original PUD which does allow for "greater flexibility ...than generally possible under conventional zoning regulations". The same privilege would be available to other potential PUD applicants with similar circumstances. E. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. Property values would not be adversely affected with the granting of this variance. F. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The purpose and intent of the ordinance is to maintain a safe setback from collector and arterial roadways. T.H. 49 is a principal arterial roadway. The Planning and Zoning Board reviewed this request at their July 12, 1995 meeting and recommend denial of the variance. OPTIONS` 1. Deny requested variance. 2. Approve variance as requested. RECOMMENDATION 1. Deny variance request.