08/14/2013 P&Z Packet - Laserfiche WebLink

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a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the ordinance is to establish performance standards intended to assure compatibility of uses, prevent blight and to enhance the health, safety and general welfare of the residents of the community. An addition driveway access onto Cedar Street for an accessory building does not pose a threat to the health or safety of the neighborhood. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. Accessory buildings have less vehicle trips in comparison to single family homes or industrial users. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided for Low Density Sewered Residential development. This section of Cedar Street is a local street and several industrial users along the north side of Cedar Street have multiple driveway accesses. c. 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. The construction of a detached accessory building and driveway access are reasonable uses of the upland area of the property. The wetland delineation indicates over an acre of usable land that is not accessible from Arthur Court. The practical difficulty in complying with the ordinance would require wetland impacts and increased impervious surface to construct a driveway south to the existing driveway onto Arthur Court. d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is created by the existing wetland area and not the landowner himself e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. Accessory buildings and driveways are common features of residential districts. The industrial properties to the north of Cedar Street have multiple access points. 4 • •