03/10/2010 P&Z 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. The restriction of the number and area of accessory structures is directly related to property size. The entire property, whether covered by water, easement, or wetland is used to determine the number and area of accessory structures. Therefore there is no physical circumstance unique to this property. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. There is no hardship that staff can identify in this request. The request is based on a desire to overdevelop a site. 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. The city has regularly enforced the accessory structure limitations on property owners, and an approval of this request would confer a special privilege normally denied on other lands. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the accessory structure limitations is to insure that sites are not overdeveloped with outbuildings, and the proposed request would do just that. RECOMMENDATION Staff is recommending denial of the request for a variance based on the attached finding of fact. If the board wishes to recommend approval, the following conditions are recommended: 1. A building permit must be obtained prior to construction of the proposed structure. 2. The structure may only be maintained as long as the additional acreage to the south is leased by the applicant. 3. An escrow account must be established to cover the cost of removal should the applicant fail to maintain a lease on the additional acreage. ATTACHMENTS 1. Location Map 2. Site Plan 3. Nordstrom Justification Letter