10/10/2001 P&Z Packet - Laserfiche WebLink

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• • • ANALYSIS An error was made in siting, and the home sits 6.8 feet from the property line rather than the required ten feet. The builder is requesting a 3.2 -foot Variance from the City's required side yard setback of ten feet. The home in question abuts neighboring garages on both sides, rather than the residences. According to the City attorney Bill Hawkins, contractors and homeowners are ultimately responsible for making sure a home is sited according to specifications. Mr. Hawkins further offered the counsel that other Municipalities in similar situations have issued Variances when other remedies for correction were not suitable. FINDINGS FOR VARIANCE In considering all requests for a Variance and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. A Certificate of Occupancy cannot be issued to a property currently in violation of City Code, without a Variance. Re- siting the existing home would be required to correct the violation and meet City Code. This seems impractical for a home that is 90% complete, thus a Variance is needed in order to allow reasonable use. 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. The plight of the landowner is due to a mistake in siting the home. 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. Reasonable use will require that a Certificate of Occupancy be issued, which will require a Variance. Hardship is exhibited due to difficulty in re- siting a home that is 90% complete. 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. The proposed Variance would allow a side yard setback that is less than what is required under City Code. Denial of the Variance, however, would require re- siting a home that is 90% complete.