05/08/2002 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board Neeck Variance May 8, 2002 Ordinance Mr. Neeck would not be allowed to construct his proposed attached garage. Further, City Ordinance requires an attached garage as a building requirement for the Rural Executive Zone (Section 5, subdivision 2.C.3). As a result, Mr. Neeck is asking for a Variance from the maximum allowable accessory square footage cited under City Ordinance, in order that he be allowed to construct a 630 - square foot attached garage. Square footage of the existing detached garage and the proposed attached garage would bring total accessory square footage on the property to 1,830 sq. ft. This is 710 sq. ft. over what is allowed under City Ordinance. The applicant has been apprised, in light of so much resulting accessory building square footage, of City Ordinance as it relates to exterior storage issues (Section 3, subd. 4.R.1.a.) and home occupations (Section 3, subd. 8.D). 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. The pre- existing detached garage on the property precludes any additional accessory square footage without a Variance. In particular, the existence of the garage precludes construction of an attached garage, which is a requirement for property of this size and zone (Sec. 5, subdiv. 2.C.3). 2. That the plight of the landowners is due to physical circumstances unique to his property and not created by the landowner. The garage was constructed by the previous owner and not Mr. Neeck, the prospective buyer. 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. City Ordinance requires an attached garage on property of this size and zone, but such a garage is precluded by the existence of the 1200 sq. ft. detached garage already on the site. 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.