10/08/2001 Council Packet - Laserfiche WebLink

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• Ramsay Variances October 8, 2001 page 3 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. 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. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. PLANNING & ZONING BOARD RECOMMENDATION The P & Z discussed this situation at great length. Finally, the Board recommended denial of both variances. However, the P & Z recommends that the City pay reasonable and verifiable costs of moving the pool to a location that meets the setbacks and allows for a six -foot fence as well. • Staff agrees with the P & Z recommendation. The Director of Public Safety has been pursuing additional information. • OPTIONS 1. Approve the setback variance based on physical constraint described in the report. 2. Deny the setback variance application. 3. Approve the variance allowing a six -foot fence in the area equal to the front yard of the abutting lot. 4. Deny the variance for the taller fence in the area equal to the front yard of the abutting lot. RECOMMENDATION Options 2 and 4 That is, deny the variances but negotiate with the Ramsays on reasonable and verifiable costs to move the pool to a location that will allow the pool and fence to comply with the zoning ordinance requirements.