2021-055 - Laserfiche WebLink

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Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for a setback from the OHWL, 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 property was platted and established prior to current development standards which has resulted in a short depth but very wide lot. Applying the 100 ft. setback along with the 30 ft. setback, from the ROW does make it very difficult for the property to have any buildable area that would not conflict with a provision of the City Code. The sport court will be able to meet the front yard setback requirement of 30 ft. and sit behind the home. Though, it will not be possible for the structure to be constructed on the property without needing a variance from the OWHL. However, the previous variance for the home has established the idea that a reduction in the setback from the OHWL is reasonable. Furthermore, with the City Code having a provision for lot averaging it can then be said that a reduction from 100 ft. is a reasonable request. Also, due to the west side of the property holding the septic system there is not another location where it could be constructed. 5) Unique Circumstances the plight of the landowner is due to circumstances unique to the property not created by the landowner; Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for setback from the OHWL (924 Elevation) of the structure, the plight is unique and has not been caused by the Applicant. The OWHL does come up quite far on the property which forces the court closer to the front of the lot. Also, with the front lot line sitting in the middle of Lake Jane Rd it does requires the court to sit 30 ft. from the ROW instead of the front lot line. To reasonably place and design a court around the front and rear setback requirements is not possible and would not allow the property to build a court. 6) Character of Locality the proposed variance will not alter the essential character of the locality in which the property in question is located; Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for setback from the OHWL of the structure, the proposed variance will not alter the essential character of the locality. The property owners have already installed landscaping along Lake Jane road which will screen the court from the roadway and neighboring properties. Also, there are other structures such as pools and tennis courts on neighboringproperties which are similar in nature. 7) Adjacent Properties and Traffic the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood; Variance from Minimum Structure Setback from OHWL: With respect to the proposed variance for the setback from the OHWL, the proposed variance will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets or substantially diminish property values. With the court being flat it will not negatively impact the neighboring properties as required by the variance criteria. Furthermore, the court is not expected to substantially diminish or impair property values within the neighborhood.