1998 Planning Commission Packets

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Overton Variance Planning Case No. 524 -98 May 14, 1998 Page 3 c. That the special conditions or circumstances do not result from the actions of the applicant. The change in the Zoning Code which established the new provision relating to greater than typical front setbacks was adopted in November of 1996. Prior to that point, the Overtons would not have needed a variance to construct the addition they have proposed. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. The granting of this variance will not confer upon the homeowner any special privilege that would be denied to other Landowners having a home set back 56 feet from their front property line, given that there would be other homes on their block situated closer to the street than their own. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. In order to reconfigure the internal layout of the home and better use the space available, the stairs accessing the lower level would need to be moved and the only practical location where this can be done is in the addition as proposed by the homeowner. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. Granting this variance would not be detrimental to the purpose of the Zoning Code or to other properties in the neighborhood. The homes across the street from the Overtons are located at or near the minimum front yard setback of 30 feet. The addition proposed will add approximately 250 square feet of space to the home, which is quite small in proportion to the size of the lot. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The variance will not impair any neighboring properties' supply of light or air, it will not create any additional traffic impact nor will it increase the danger of fire or endanger the public safety. The impact to property values in the immediate area would be positive, especially in the case of the subject property.