BZ Packet 10.12.23 - Laserfiche WebLink

Home

Smith Variance – 12033 Everton Avenue North Page 2 2 The Board 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; Accessory buildings are allowed in the R-1 zoning district. Lots in the R-1 zoning district that are less than three acres in size are allowed two accessory buildings with a maximum combined size of 1,500 square feet. The applicant is requesting to construct a 1,200 square foot accessory building. There is an existing 197.64 square foot accessory building on site. The square footage of the proposed accessory building along with the existing accessory building will be below the maximum of 1,500 square feet. There are existing trees in the front yard of the property that would provide screening from Everton Avenue North. The request is a reasonable use. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is a 0.86-acre parcel in a zoning district that has a minimum lot size of 1 acre. The property is bordered to the east and west by 60-foot wide City rights-of-way that were created with the Shadyside No. 4 plat. The house is located roughly 32 feet from the rear property line at its closest point. To the southwest of the house, the property is split by the right-of-way of Everton Avenue North. There is steep sloping terrain from the location of the house toward the street. The applicant has stated that the proposed location is the best for an accessory building due the area being relatively flat, located behind the house, and reduces the amount of necessary tree removal for construction. The accessory building ordinance prohibits the placement of accessory buildings in front of the house. If the applicant constructed the building in a location further from the rear property line, they would need to perform substantial grading and additional tree removal due to the steep slope in other areas of the property. It is the staff opinion that the need for a variance is due to the topographical characteristics of the site and not due to circumstances created by the landowner.