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BZ Packet 08.26.21
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BZ Packet 08.26.21
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1/3/2022 3:30:19 PM
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1/3/2022 3:29:53 PM
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Meeting Date
8/26/2021
Document Type
Agenda/Packets
Commission Name
Board of Zoning
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Page 2 <br />3. ANALYSIS: <br />Staff used these standards to review the request and finds that it meets the standards as follows: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />The applicant's request to add on to the attached garage is reasonable. The total square <br />footage for the proposed garage is under the square footage allowed for an attached <br />garage. The location of the proposed garage addition meets all remaining setback <br />requirements and is proposed to be located further from the front lot line than the existing <br />garage on site. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and, <br />The property is under unique circumstances as the existing house and garage do not meet <br />the front yard building setback requirements. Additionally, the proximity to Bald Eagle <br />Lake and the shoreland setback requirement limit the buildable area of the lot. <br />c. Character of Neighborhood. The variance, if granted, will not alter the essential <br />character of the neighborhood. <br />There are several properties in the area that have similar front yard building setbacks and <br />do not conform to the zoning district regulations. The proposed garage will be of the <br />same materials of the existing garage and will not alter the character of the neighborhood. <br />It is in staff s opinion that there are practical difficulties in meeting the ordinance as outlined in <br />the City Code. The size of the proposed garage addition is permitted by ordinance and it is a <br />reasonable request to add on to an existing garage. The property is unique in that the existing <br />house and garage do not meet the front yard building setback requirements and the buildable area <br />on the lot is limited due to the shoreland setback requirement from Bald Eagle Lake. <br />Additionally, the applicant's request will not alter the character of the neighborhood. <br />W <br />
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