01-14-2019 Council Packet - Laserfiche WebLink

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The general purpose and intent of the General Provisions section of the zoning ordinance is to assure compatibility of uses' to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The variance to allow for the street and side yard setbacks is in harmony with the ordinance. The existing house was constructed in 1977 with the setback encroachments and has not caused urban blight, deterioration or decay. The existing rural residential house continues to provide high value and enhances the health, safety and general welfare of the residents of the community. 2. The variance shall be consistent with the comprehensive plan. The variance request is consistent with the comprehensive plan. Per the 2030 Comprehensive Plan, the property is guided for Low Density Residential land use. The existing land use is single family residential with a single family dwelling unit and attached garage. 3. There shall be practical difficulties in complying with the ordinance "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The property owner proposes to use the property in a reasonable manner as a single family detached dwelling. The existing house was built in 1977 and there is no proposed change in use. There would be considerable economic burden to require the property to comply with the setback requirements. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner was created by the contractor constructing a house in 1977 that did not meet setback requirements. 5. The variance shall not alter the essential character of the locality. The variance will not alter the essential character of the locality which is a rural residential single family neighborhood with houses. 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. The variance will not be granted for any use that is not allowed under the ordinance for property in the zoning district. The property is zoned R-X, Rural Executive and single family detached homes are permitted uses. 2