06-19-2013 - Laserfiche WebLink

Home Browse Search

7313 Spring Lake Rad Variance Report June 19, 2013 Page 2 a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code requires minimum setbacks for aesthetics along the street and to provide separation from the street and between neighbors. The required setbacks typically can be met, but this lot is on a corner and both streets have larger than normal front prevailing setbacks which is causing the difficulty in meeting the front and rear setbacks. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan supports improvements to properties, and certainly encourages new home construction. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant requests that the new house meet the 30-foot City Code minimum front setback requirement instead of the larger prevailing setbacks that are on both Spring Lake Road and County Road H2. If the front setbacks on the streets were the typical 30 feet, there would not be a problem meeting the setback. The applicant wants the house to face Spring Lake Road since County Road H2 is a high traffic street. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. The applicant purchased the property as is, and all of the surrounding homes have existed for many years. Both Spring Lake Road and County Road H2 have larger than usual front setbacks since almost all of the lots on these streets are very deep. e. The variance does not alter the essential character of the neighborhood. The proposed house will still have a 30 feet setback, which is the minimum code required amount. The house directly across Spring Lake Road from the applicant’s property is setback less than 30 feet. This area of both Spring Lake Road and County Road H2 have deep lots so the front setbacks vary for many of the houses. Neither street has a consistent front setback for all the homes, so a new house with a different front setback will not alter the neighborhood character. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 6.5 foot variance is the minimum variance needed since the Zoning Code requires the prevailing setback, which in this case is 37 feet, for a front setback.