01/28/2008 Council Packet - Laserfiche WebLink

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b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. Due to the topography of the lot, the location of the rear property corner is extremely difficult to ascertain and verify. At the time of the building permit for the structure, no survey was required and the property owner believed he was meeting the setback requirement. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The structure was permitted, constructed, and inspected approximately twenty years ago and was believed to meet all ordinances at the time. Since then more thorough information has identified that the structure is encroaching approximately 8.5 inches into the setback. While the structure could be removed and reconstructed to meet the ordinance, the cost would be extreme in comparison to the minor nature of the variance being requested. 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 0.71 foot reduction to the side yard setback is a minor deviation from the ordinance, and is not dissimilar to previous variances granted to existing structures that encroached upon setbacks. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. A 0.71 foot reduction to the side yard setback is a minor deviation and will not contravene the spirit and intent of the ordinance. PLANNING AND ZONING BOARD On January 9, 2008 the Planning and Zoning Board unanimously recommended approval of the Variance request based on the certificate of survey and findings of fact presented by staff RECOMMENDATION Staff is recommending adopting Resolution 08 -15, approving the Variance request based on the certificate of survey and findings of fact. ATTACHMENTS Resolution 08 -15 Applicant's justification letter Certificate of Survey submitted December 10, 2007 • •