02/14/2007 P&Z Packet - Laserfiche WebLink

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Findings: State law requires the following finings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS • In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property is currently developed with a single family home that can easily be put to a reasonable use without the addition of a third garage stall. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. While the property is a corner lot and is therefore subject to increased setback standards, there is no physical circumstance unique to this property that was not created by the placement of the structure at time of construction. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. The request made by the property owner has nothing to do with economic considerations; the placement of the home on the lot when it was constructed simply prohibits the addition of a third garage stall under the strict enforcement of the zoning ordinance. 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. Considering that three of the seven single family homes that abut Apollo Drive were approved by the city and constructed at reduced setbacks, granting this variance will not confer on the applicant any special privilege. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the setbacks required by the ordinance is to allow separation between roadways and homes and to increase visibility at intersections. Allowing this home to continue the trend of reduced setbacks along Apollo Drive would not be in keeping with that spirit and intent. RECOMMENDATION Staff is recommending denial of the request for a variance based on the finding of fact included in the body of the staff report. If approved the following conditions should be included: 1. All materials and construction methods shall match that of the existing dwelling. This review is based on the following plans and information: Goepfert/Zeske submittal packet received January 16, 2007 •