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2007-074 Council Resolution
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2007-074 Council Resolution
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Last modified
9/16/2021 8:45:00 PM
Creation date
10/7/2014 12:21:49 PM
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City Council
Council Document Type
Master List Resolution
Meeting Date
05/29/2007
Council Meeting Type
Regular
Resolution #
07-074
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• FINDINGS <br /> In considering all requests for Variance or appeal and in taking subsequent action, the <br /> City shall make a finding of fact: <br /> a. That the property in question cannot be put to a reasonable use if used under <br /> conditions allowed by the official controls. <br /> The property is currently developed with a single family home that can easily be put <br /> to a reasonable use without the addition of a porch covered with a roof structure. <br /> b. That the plight of the landowners is due to physical circumstances unique to <br /> his property not created by the landowner. <br /> The existing structures lack of a significant entry feature and the placement of the <br /> existing home only 15 inches from the front setback are physical circumstances that <br /> were not created by the current landowner. <br /> C. That the hardship is not due to economic considerations alone if reasonable use <br /> for the property exists under the terms of the ordinance. <br /> The request made by the property owner has nothing to do with economic <br /> considerations; the placement of the home on the lot when it was constructed <br /> simply prohibits the addition of the proposed covered porch under the strict <br /> • enforcement of the zoning ordinance. <br /> d. That granting the variance requested will not confer on the applicant any <br /> special privilege that would be denied by this ordinance to other lands, <br /> structures, or buildings in the same district. <br /> Allowing a 1.5 foot variance to the 27 foot setback (based on the 3 foot <br /> encroachment allowed) is very minor in scope at roughly 5% and would not confer <br /> onto the applicant any special privilege. <br /> e. That the proposed actions will be in keeping with the spirit and intent of the <br /> ordinance. <br /> The spirit and intent of the setbacks required by the ordinance is to allow separation <br /> between roadways and homes and to increase visibility at intersections. Allowing a <br /> 1.5 foot encroachment that is only 10 feet in width would not violate that spirit or <br /> intent. <br /> RECOMMENDATION <br /> Staff is recommending adoption of Resolution No. 07-74 based on the finding of fact in the body <br /> of the Resolution and the plans submitted on April 9, 2007. <br /> Attachments: <br /> 1. Resolution No. 07-74 <br /> • 2. Schally Plan Packet Received April 9, 2007. <br />
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