06-07-2006 - Laserfiche WebLink

Home Browse Search

Slabiak Report June 7, 2006 Page 2 There are no extraordinary circumstances relating to the lot or the usage of the property which would warrant consideration of a variance for more than 37 percent of the maximum allowed square footage. While it may be true that the lot, at 2/3 of an acre, could support the additional garage without exceeding the 20 % rear-yard coverage ratio and the garage would be reasonably hidden from public view, these facts do not support a finding of extraordinary circumstances. The applicants freely admit that the basis for the request is to resolve a storage space deficiency they are experiencing which is of their on doing. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation of the provisions of the Zoning Code allows for a maximum accessory storage space of 1,800 square feet. Many property owners, given the size of their lots and limited backyard depth, do not have the ability to even construct anything close to 1,800 square feet. Thus the code does not deprive the applicant of rights commonly enjoyed by others. c. That the special conditions or circumstances do not result from the actions of the applicant. The applicants indicate that they have exceeded their available on-site storage capacity and thus would like to construct a new 1,620 square foot accessory building in the backyard to house their arcade games rather than store their machines off-site. The circumstance which necessitates the variance request results from the applicants’ hobby and not due to property or other limitations over which they have had no control. 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 applicants a special privilege in that no single-family residential property owner is allowed more than 1,800 square feet of accessory storage space. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The applicants have indicated that the requested 2,468 square feet of accessory storage space is minimum amount necessary to alleviate their self-created hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting such a variance would set an unusual standard and would be contrary to the purposes of the Zoning Code. While each request is reviewed on their own merit, approving such a variance request would cause “precedent” ramifications.