CC PACKET 10082019 - Laserfiche WebLink

Home Browse Search

3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 lists the criteria the City Council must consider in determining whether to grant or deny a Variance. Those conditions are as follows: (1) The subject matter of the application is within the scope of this section. (2) Strict enforcement would cause practical difficulties because: (a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; (b) The plight of the property owner is due to circumstances unique to the property not created by the property owner; (c) The variance, if granted, will not alter the essential character of the locality; and (d) Economic considerations alone are not the basis of the practical difficulties. (3) The variance, if granted, would be consistent with the city’s comprehensive land use plan. (4) The granting of the variance is in harmony with the general purposes and intent of the zoning code. SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATIONS Application 1. Staff and Planning Commission recommend denial of the proposed subdivision and lot area variances, based on the following findings: 1. The property is put to a reasonable use as a single family parcel, consistent with the requirements of the R-1 zoning district. 2. Existing single family parcels in the immediate neighborhood are uniformly larger on average and individually, the result of which is that the subdivision would create the smallest lots in the area. 3. Variance approval requires findings that there are unique conditions that create practical difficulties in putting the property to a reasonable use. There do not appear to be any such unique conditions on this property that would distinguish it from other single family lots, or which would justify the reduction in lot area. Application 2. Staff and Planning Commission recommend denial of the proposed setback variance for proposed Parcel A , based on the following findings: 1. The parcels along 37th Avenue NE all demonstrate significant setbacks from the right of way for several blocks. 2. If granted, the reduced setback on Parcel A would be the only building less than 60 feet from the right of way. 3. Variance approval requires findings that there are unique conditions that create practical difficulties in putting the property to a reasonable use. There do not appear to be any such unique conditions on this property that would distinguish it from other single family lots, or justify the reduction in lot area. 19