2020.01.06 CC Packet - Laserfiche WebLink

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Scanlan Variance and CUP 6. ANALYSIS: A. Consistency with Ordinance Standards Variance Request The applicant is requesting approval a variance for the property located at 17530 Henna Avenue North for the property to have 0 feet from street frontage, where 300 feet is required by ordinance. The property is an existing land locked parcel. The Planning Commission must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is proposing to use the property for a single family home. This is reasonable use of the property as it is consistent with how the property has been used for several years. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; Parcel A has a separate tax identification number and has been used as a separate parcel for several years. Although the property has a covenant against it to be combined with parcel C, it is unique in that is has a home on it and has been used as a separate parcels for several years. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The variance will not noticeably change the character of the area. It is in staff s opinion that there are practical difficulties in meeting the ordinance standards.