2001-046 Council Resolution - Laserfiche WebLink

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Boschee Variance page 3 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. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Though the builder should have known the requirements of the site and designed the house to fit within them, Lot 8 is a relatively difficult lot. • Its shape and the double street setbacks combined with the wetland and extra buffer easements create unusual circumstances. • It is not reticence to spend extra money to avoid the variance, but rather the desire to build a home of a high enough value to fit in with the neighborhood. While this is an "economic consideration" of a sort, it is the desire for a higher expenditure rather than a lower one. • The other lots in the development do not have the same combination of constraints. Lot 1, which has several road setbacks, is wider and can accommodate a house within the setbacks. Lot 4 is narrow, but does not have the collector road setback or the extensive wetland easements. • Higher value homes are the reason for the R-I X district compared to the R-1, and the house proposed is in keeping with that goal. For these reasons, staff recommends approval of the variance request. Staff notes that the recommendation on this variance request is based on the unique attributes of Lot 8 and in no way implies support for variances on the other lots in the development. PLANNING & ZONING BOARD ACTION The P & Z considered the application on March 14 and recommended approval. OPTIONS 1. Adopt Resolution 01-46 approving the setback variance to allow the garage to be constructed 28.5 feet from the road right of way as indicated on the survey. 2. Deny the variance request. 3. Return to staff with direction. RECOMMENDATION `— Option 1