05/09/2007 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 porch covered with a roof structure. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The existing structures lack of a significant entry feature and the placement of the existing home only 15 inches from the front setback are physical circumstances that were not created by the current landowner. 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 the proposed covered porch 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. Allowing a 1.5 foot variance to the 27 foot setback (based on the 3 foot encroachment allowed) is very minor in scope at roughly 5% and would not confer onto 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 a 1.5 foot encroachment that is only 10 feet in width would not violate that spirit or intent. RECOMMENDATION • Staff is recommending approval of the request for a variance based on the finding of fact included in the body of the staff report, and the plans submitted on April 9, 2007.