02-16-2021 Planning Commission Packet

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Page 3 of 8 January 20, 2021 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling." Not applicable to this application. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." a. Non-Conforming: The property is non-conforming lot under the RI-A district Lot area requirements. The property is .53 acres vs the required 1.0 acres. The lot width at the front setback line is 127.95 vs the required 140 ft. The R1-A district front(35 ft), side (10 ft) and back yard (30 ft) setbacks are currently conforming. However, the setbacks are all over proportioned to the actual lot area by almost double relative to a conforming lot area requirement of 1.0 acre. If the setbacks were proportional to actual lot size, they would be 18.55 ft(front), 5.3 ft (side) and 15.9 ft (rear) b. Excessive Structure Setback: The home was built 69.5 ft from the front property line. It exceeds the minimum 35 ft front yard setback by an additional 34.5 ft. This significantly reduces the usable rear yard depth by 34.5 ft, an area greater than 5,000+ sq ft. c. Structure Layout and Placement: The property is a wedge shape with the front property line 107.73 ft and the rear property line 208.42 ft. The home was not built aligned with nor perpendicular to any property boundary AND the garage was located on the side of the home with the longest side property line. The result is the nonliving portion of the home (i.e. the garage) has substantially more rear yard depth and area than that on the living side. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." Other homes in the district may have one or two similar peculiarities included above, no home has all three aspects. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." A customary and normally sized screen porch with views of their rear yard is a substantial property right for a nonconforming 'A+ dry acre parcel. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort,morals, or in any other respect be contrary to the intent of the Zoning Code." A screen porch is in no manner contrary to the intent of the zoning code.