04-10-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3914 March 20, 2017 Page 3 of 4 as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The shape and size of the property were not the result of actions by the landowner. The existing home was constructed as a replacement home as the result of a fire in approximately 1989; the new home was constructed in approximately 1994 by the current owner in the location of the previous fire - damaged home. The nearest structure on the neighboring property to the northwest is a detached one-story garage and it is set back and oriented sufficiently to allow for light, air, and open space between the two structures; and c. The variance will not alter the essential character of the locality. The proposed addition to the home will not alter the character of the neighborhood. The proposed post construction will permit existing drainage patterns to be maintained. Stormwater drainage in this neighborhood is challenging. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The topography, lot width, and the home's proximity and orientation to the property line are special conditions unique to the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The topography, which drops off steadily as you move east, the narrowness of the lot, the angle of the property lines from the road, as well as the nonconforming location of the home on the lot make this property unique. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Options for conforming expansions of living space, including going upward, are severely limited on the property. Staff finds the variance is necessary to preserve the property right of the applicants. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The lot width, the location and size of the existing home, as well as site topography, create practical difficulties affecting the Property; the variance is necessary and will not merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by city sewer.