02-09-2004 Council Packet - Laserfiche WebLink

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fcls m FILE# 04.2967 Janu>7 6,2004 Pag* 9 of S 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” N/A 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The old barn was destroyed by a fire caused by arson. In the opinion of staff this criterion is met. 9. “The conditions do not apply generally to other land oi structures in the district in which said land is located.” In the opinion of staff this criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant is requesting to enjoy a property right that was taken from her by the arson. The old barn ’s size was grandfathered in as an existing non-conforming structure. In the opinion of staff this criterion is met. 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.” In the opinion of staff this criterion L met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardsliip or difficulty.” In the opinion of staff this criterion is met. Issues for Consideration 1 . Does the size of the old bam i;ave any bearing on the size of the new bam? 2. Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommends approval of the variance and conditional use peraiit as requested with the following provisions: 1 . Density of the vegetation on the lot is to be kept such that the visual impact from Wear Circle is minimized. 2. No access to Wear Circle for proposed barn. 3. The new bam is not to exceed the height of the 2-story home on the property. 5 I