2019-093 - Laserfiche WebLink

Home Browse Search

4) Practical Difficulties A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties; "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control" Variance For Front Yard Setback: With respect to the proposed variance for a reduced setback from the front lot line, strict enforcement of the City's zoning regulations will cause practical difficulties and the applicant is proposing to use the property in a reasonable manner. The request to expand the existing home on site does appear to be reasonable. Considering that the home is existing and the development was established around the home, property owners would be limited when it comes to improvements that could comply with the code. Also, the addition does not further increase the non- conformity to the front lot line, the reduced setback does appear reasonable, Variance For Side Yard Setback,- With respect to the proposed variance for a reduced setback from the side lot line, strict enforcement of the City's zoning regulations will cause Practical difficulties and the applicant is proposing to use the property in a reasonable manner. With the Residential Estate requiring a minimum of 50ft. as a setbackfromthe side lot line, which is the largest of all rural zoning districts only being less restricting than the Agricultural district, which requires a 100fit. setback. The City must also keep in mind that perhaps there is an alternative to the request to avoid a variance. But placing the addition to the South of the existing home would more than likely infringe on the existing driveway, access to the garage, and possibly the septic system. The addition to the north does appear reasonable and they are still able to maintain a 2 7JI. and 9 in. setback from the north property line, 5) Unique Circumstances the plight of the landowner is due to circumstances unique to the property not created by the landowner; • Variance For Front Yard Setback: With respect to the proposed variance for the #ont yard setback, the plight of the Applicant is unique and has not been caused by the applicant. Although the lot is large enough to accommodate the size of home that is desired the applicant was not involved with the construction1placement of the existing house or with the platting process that triggered this home to become legal non-conformIng. With the structure being legal non -conforming, additions become difficult especially with when the required setback is I 00ft. The location to the roadway is nofault of the property owner. Furthermore, given the circumstances, approval for the addition on the structure with a setback less than I 00ft. from the front lot line does appear to be reasonable. Variance For Side Yard Setback: With respect to the proposed variance for the side yard setback the plight of the Applicant is unique and has not been caused by the applicant. Generally speaking property owners do not have to contend with legal non -conforming structures and it appears that there was little anticipation to one day build onto the existing structure. Although the home as existing, is capable of meeting the required setback, oin the northern side lot line there is limited room and options to expand to the north. Beyond this, it is impractical to expand the structure to the south where the setbacks can be met. This is, ustified because an expansion would then being to conflict with the driveway, garage, and the driveway would be forced south towards where the drain, eld is located. The standard appears to be met.