04/12/2000 P&Z Packet - Laserfiche WebLink

Home Search

• • AGENDA ITEM 5 /t STAFF ORIGINATOR: Mary Kay Wyland DATE OF MEETING: April 12, 2000 TOPIC: Variance, David Pearson, 6280 Ware Road DESCRIPTION: Mr. David Pearson is requesting a variance to allow a single family home at 6280 Ware Road to be located closer than the required 40' from the property line on a collector roadway. The Ordinance requires a minimum setback of 40'. The applicant has actually redesigned the proposed dwelling to minimize the setback required which will be 30' at the north /west corner and 37.6 at the south/west corner. The variance requested ranges from 2.4' to 10'. The 10' variance applies to the north /east corner of the 6' x 12' bedroom area extension as shown on the plan and is then reduced to 2.4' per the attached survey. This particular lot is the only vacant lot in the Pine Ridge 3' Addition. The parcel contains a very large wetland /drainage easement constricting the buildability of the lot. The proposed dwelling is a walk -out with some steep grades on the north/east corner of the building. For P & Z and Council information, the Pine Ridge additions contain restrictive covenants, not imposed by the City, which require all homes to be within a specified value range. According to the builder /owner, this home, at this size, falls within the value range required but a smaller dwelling, meeting the setback requirement would not. Aside from the value question Staff believes a hardship to the land exists due to the wetland configuration on the lot. In considering all requests for variance or appeal 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. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 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. 3. 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. 4. That the proposed actions will be in keeping with the spirit and intent of the ordinance.