Agenda Packets - 2003/03/24 - Laserfiche WebLink

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Variance Appeal March 24, 2003 Page 3 property is considered a legal, non-conforming use. Increasing the density, however, is an action of the property owner. d. That granting the variance requested would 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. Granting the variance would confer upon the property owner a special privilege that would be denied other property owners. To expand one’s property, one must have adequate parking to meet the increased demand. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The variance requested is twofold—a reduction in the number of garage stalls and a reduction in the total number of parking stalls provided. Because it appears as though additional parking could be added to the site, the variance requested is not the minimum to alleviate the hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow the expansion of the structure from a four unit building to a six unit building without a corresponding increase in the parking capacity of the site would be detrimental to the intent of the zoning code and would potentially adversely impact the surrounding properties. g. 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 proposed variance would not result in any of the above-cited adverse effects with the exception of a possible increase in congestion on Hillview Road. Public Comment: This meeting has been published as a public hearing and notices have been mailed out to property owners within 350 feet of 2075 Hillview Road. From the previous public hearing, I had received two phone calls regarding this request, one from the adjoining property owner to the east, and the other from the owner of Colonial Village. The neighbor was simply interested in learning more about the request and did not immediately indicate a position regarding the variance request. The owner of Colonial Village was opposed to the expansion if there was inadequate parking to support the expansion.