Laserfiche WebLink
Setback Variance Report <br />2229 County Road H2 <br />July 16, 2003 <br />Page 3 <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br /> <br />Granting a variance to allow the expansion to encroach six feet into the front setback <br />would not be materially detrimental to the purpose and intent of the zoning code given <br />the large front setback. There have been no objections raised up to this point and the <br />six-foot encroachment would not be noticeable from the street and would not appear <br />inconsistent with the adjoining homes. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent property <br />or substantially increase the congestion of the public streets or increase the danger of fire or <br />endanger the public safety or substantially diminish or impair property values within the <br />neighborhood. <br /> <br />The proposed variance would not result in any of the above-cited adverse effects. <br /> <br />Summary: <br /> <br />All of the criteria, as indicated above, need to be satisfied to justify the granting the variance. <br />In addition to Staff’s review of the criteria, Ms. Bosard has provided the Planning <br />Commission with a detailed letter addressing the hardship criteria along with a set of building <br />plans that would be submitted if the variance were approved. <br /> <br />Recommendation: <br /> <br />After holding the public hearing and taking testimony from staff, the property owner and <br />affected neighbors, the Commission can take one of the following actions related to the <br />request: <br /> <br />1. Approve the variance as requested. Resolution 733-03 is attached for the Commission’s <br />approval if that is the chosen course of action. <br /> <br />2. Deny the requested variance. To move forward with this option, the Commission should <br />move to direct staff to draft a resolution of denial with findings of fact appropriate to <br />support the denial. <br /> <br />3. Table the request. If additional information is needed before a decision can be rendered <br />or if more discussion is needed, the Commission can simply move to table the request <br />until such information has been provided. Because of the 60-day rule, the Commission <br />would need to act upon the request as soon as reasonably possible however to avoid an <br />inadvertent approval. <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Interim City Clerk/Administrator <br /> <br /> <br /> <br />