My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
PL PACKET 09252017
StAnthony
>
Parks & Planning Commission
>
Planning Commission Packets
>
2017
>
PL PACKET 09252017
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/4/2017 2:38:19 PM
Creation date
9/20/2017 9:29:31 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
42
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
September 25, 2017 <br />Page 2 <br /> <br />compliant with the zoning code, but not useable. Therefore, they need the variance to add more <br />space to make the deck planned as proposed to be more functional. <br />2. Applicable Codes. <br />Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.035 through 152.039 R-1 Single-Family <br />District apply to this proposal. Section 150.039 (G) requires a rear yard setback of 20% of the depth <br />of the entire lot or 25 feet. The applicant requests a variance to encroach 17.5 feet to result in a rear <br />yard depth of 7.5 feet. <br />Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states <br />that “An owner of property with an existing structure which does not comply with the zoning code, <br />or of property on which such a structure is proposed to be constructed, may apply for a variance <br />upon payment of the fee specified in Chapter 33”. <br /> <br />3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 <br />Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council must consider in <br />determining whether to grant or deny a variance. The applicable criteria include: <br />1. The subject matter of the application is within the scope of this section. <br />The application for a variance to the rear yard setback is eligible subject matter for variance <br />criteria because these factors are related to dimensional and/or bulk standards. Criterion met. <br />2. Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the zoning code; <br />The property owners propose to use the property in a way that is reasonable. However, <br />the proposed deck does not change the property owners reasonable use of their <br />property without a deck of this construction, a patio constructed at grade does not <br />require the variance process. Criterion not met. <br />b. The plight of the property owner is due to circumstances unique to the property not <br />created by the property owner; <br />The plight of the property owner is due to the placement, construction proposed, and <br />overall square footage of the proposed deck design. The lot is platted and home <br />placement on the lot is relative to others in the general area. Criterion not met. <br />c. The variance, if granted, will not alter the essential character of the locality; and <br />Granting of this variance would not alter the essential character of the neighborhood. <br />Applicants are not proposing any new use or density, decks do exist in the <br />neighborhood. Criterion met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />The basis for the practical difficulties is that the resale of the home without a variance to <br />grant the proposed deck addition would make the house less appealing to potential <br />buyers. The addition to the deck is based on the desire of the Applicants to use their <br />backyard in a different manner. It is that type of construction and the space that is <br />designed that creates the practical difficulty. Criterion not met. <br /> <br /> <br />20
The URL can be used to link to this page
Your browser does not support the video tag.