Laserfiche WebLink
<br /> <br /> <br />8. City Ordinance allows variances as follows. <br /> <br />City Code Section 152.245 Variances <br />(C)Evidence. No variance will be granted unless the evidence presented discloses all of the <br />following facts. <br /> <br />(1) The subject matter of the application is within the scope of this section. <br /> <br />(2) Strict enforcement would cause practical difficulties because: <br /> <br />(a) The property owner proposes to use the property in a reasonable manner not permitted by <br />the zoning code; <br />(b) The plight of the property owner is due to circumstances unique to the property not created <br />by the property owner; and <br />(c) The variance, if granted, will not alter the essential character of the locality. <br /> <br />(3) Economic considerations alone are not the basis of the practical difficulties. <br /> <br />(4) The variance, if granted, would be consistent with the city’s comprehensive land use plan. <br /> <br />(5) The granting of the variance is in harmony with the general purposes and intent of the <br />zoning code. <br /> <br />9. Relevant City Code. Title XV Land Usage, Section 152.039 (B) the minimum lot size for a corner lot <br />shall be 11,000 square feet in the R-1 Single-Family District.   <br /> <br />CONCLUSIONS OF LAW <br />10. The requested variance is not in harmony with the purposes and intent of the ordinance because the <br />intent of the zoning code is to protect the health, safety, and general welfare of the city and its people <br />through the establishment of minimum regulations governing land development and use. The zoning <br />code is established to: protect the use districts; promote orderly development and redevelopment; <br />provide adequate light, air, and access to property; prevent congestion in the public streets; prevent <br />overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and <br />densities; and provide for compatibility of different land uses.   <br /> <br />11. The requested variance is not consistent with the comprehensive plan and the plan does not suggest a <br />lot size reduction in the R-1 Single-Family District. <br /> <br />12. The property owner does not propose to use the property in a reasonable manner as they propose to <br />create a lot that is smaller than that allowed by the zoning code. <br /> <br />13. There are not unique circumstances to the property not created by the landowner as the landowner is <br />requesting the lot split which would create a non-conformity. The existing lot is conforming. <br /> <br />14. The variance does not maintain the essential character of the locality as the reduced lot size would <br />conflict with the zoning standards set for the neighborhood and all other R-1 neighborhoods in the <br />locality.   <br /> <br />28