Laserfiche WebLink
the Code, a variance to a provision of the Zoning Code may be granted by the City upon <br />the application by the owner of the affected property where the strict enforcement of <br />Zoning Code would cause practical difficulties because of circumstances unique to the <br />individual property under consideration and then only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Zoning Code. "Practical <br />difficulties" when used in connection with the granting of a variance means that the <br />property owner proposes to use the property in a reasonable manner not permitted by an <br />official control. The problem for the landowner/Applicant which the proposed variance <br />is intended to correct must be due to circumstances that are unique to the property in <br />question and that were not created by the landowner/Applicant. The proposed variance <br />must not alter the essential character of the locality in which the property in question is <br />located. Finally, the proposed variance must not impair an adequate supply of light and <br />air to property adjacent to the property in question or substantially increase the <br />congestion of the public streets or substantially diminish or impair property values within <br />the neighborhood. <br />a) With respect to the proposed variance for the location of structure strict enforcement of the <br />City's zoning regulations will cause practical difficulties for the Applicant, who is <br />proposing to use the property in a reasonable manner. The request can be considered <br />reasonable when all factors are considered as a whole. The eastern access will have <br />difficulty contending with overhead utility lines, western access would require filling and <br />grading to create a slope that is reasonable for access, and placement of a shed in the rear <br />yard which becomes excessively saturated during rain events would put the building at risk <br />offlooding. <br />b) With respect to the proposed variance for the location of the structure, the plight of the <br />Applicant is unique and has not been caused by the Applicant. Considering that more <br />grading, tree removal, and water all pose an issue in the rear yard, placement slightly <br />closer to the front lot line appears to be reasonable. With the Applicant being unable to <br />have reasonable control of where flooding may or may not occur on the property the plight <br />has not been caused by the landowner. <br />c) With respect to the proposed variance for the location of the structure the proposed <br />variance will not alter the essential character of the locality. The majority of homes in the <br />area do not appear to have accessory buildings. With that said it is expected to be <br />incredibly difficult, due to vegetation, to reasonably notice the building and claiming that <br />its impact would be negative is a stretch. <br />d) With respect to the proposed variance for the location of the structure the proposed <br />variance will not impair an adequate supply of light and air to the adjacent property or <br />substantially increase the congestion of the public streets or substantially diminish <br />property values. The location of the structure would not shade the neighboring properties <br />or structures, nor would it impair airflow. <br />DECISION AND CONDITIONS OF APPROVAL <br />1) Based on the above findings, which show that all of the variance criteria for the <br />location of the proposed accessory building have been met. The City Council hereby <br />approves the requested variance for the location of the accessory building for the property <br />located at t0092 Stillwater Lane. The conditions for approval for variance approval are set <br />forth below: <br />543597v2 SJS LA515-1 <br />