2001-153B Council Resolution - Laserfiche WebLink

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FINDINGS FOR VARIANCE In considering all requests for variance 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. Additional accessory building space is possible under City ordinance, although at a smaller size. Two hundred eighty (280) additional square feet is allowed as an addition onto the current non -conforming shed or attached garage; four hundred forty (440) additional square feet is allowed if the existing shed were to be eliminated. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. There are no unique physical circumstances to the property that require accessory building square footage in the number and location proposed. 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. Hardship has not been demonstrated. In addition, City ordinance does not preclude reasonable use of the property: additional accessory building space is allowed, although not in the size and configuration proposed by the applicant. 4. 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. Granting the Variance would confer special privilege, as the additional accessory building and square footage is prohibited by City ordinance and not available to other property owners with lots less than 1.25 acres. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The number of detached accessory buildings and square footage of allowable accessory building space requested is prohibited by City ordinance.