CC PACKET 10271998 - Laserfiche WebLink

Home Browse Search

While she stated she is interested in correcting the non-conforming situation that was created when the City's Ordinance as approved in 1976, which placed her steps in the sideyard ' setback, the above-stated options do not allow her to continue to use her property as it was originally constructed or to its greatest use. Ms. Silberschmidt's inability to satisfactorily correct the situation is, to some degree, the result of a hardship created by.the adoption of the City's Zoning Ordinance. The second issue is that the proposed deck plan calls for the steps to be incorporated into the design so that the end result is a deck structure that comes around to the side of the house to connect with the steps. The property owner stated that this will provide continuity, accessibility and usability of the steps and deck but this plan also requires a 2-foot variance, as the deck will then extend'into the sideyard setback as well.: Ms. Silberschmidt is requesting that her application for a variance to the City's Zoning Ordinance be granted because the undue hardship was not created by her as the property owner, but by the adoption of the Zoning Ordinance in 1976. By repairing the steps and _ making them part of the proposed deck, she.is trying to correct an extraordinary circumstance by reducing the size'of the steps by 1.5 feet, thereby mitigating the impact of the existence of a. nonconforming use. The property owner feels that by being asked to comply with the full extent of the Ordinance, she would be unduly restricted in the use of her property. ' No one contacted the City Staff to voice any objections or concerns.