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09-27-2004 Council Packet
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09-27-2004 Council Packet
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exhibit J, <br />This standard is not met by this application. The plight of this landowner, proposing to <br />redevelop a very nonconforming traditional lot with a modern home by greatly increasing the <br />height and bulk, ' too much house ”, is of their own making and design. This "plight", created by <br />the application of the LR-1A district requirements to the development and redevelopment on <br />Westlake, was and is shared by all other landowners on Westlake AU other landowners on <br />Westlake have successfully resolved this by acquiring additional lots prior to proposing <br />redevelopment. Redevelopment of individual lots has been delayed until this could be <br />accomplished. This is the history of development and the record of City approvals and denials of <br />similar applications on Westlake Absent the requested variances the landowner may be <br />economically inconvenienced and be inconvenienced by delay of their desired schedule, but even <br />if this rises to the stam ’ard of "undue hardship", it is not a unique hardship. It is an inconvenience <br />and an economic cost, shared by, and enforced by the City on, all other landowners redeveloping <br />property on Westlake. There arc no unique conditions or unique expectations that support <br />consideration of granting this variance. <br />The required severity findings are. <br />(1) The property in question cannot be put to a reasonable use if <br />used under conditions allowed by the official controls. <br />(10) The granting of the application is necessary for the <br />preservation and enjoyment of a substantial property right of the <br />applicant <br />This standard is not met by this application. This is not a 1920's cottage that is falling apart. <br />It is a livable home, similar to others waiting redevelopment on Westlake It has the reasonable <br />use of continuing to be reasonably occupied as a home, though perhaps not by the applicant ’s <br />family, until the patient and careful process of lot consolidation can occur At that time a <br />variance consistent with the history of devclopmein along Westlake can be provided. The <br />applicant docs not have the substantial right to unreasonably redevelop this property The <br />restriction is not severe, has been and shared by all propcttics on Westlake, and has been <br />successfully resolved in many instances In the context of Westlake, this does not meet the <br />standard of a severe restriction on the long-term use and enjoyment of the property. <br />The second basic question is “Will the result o ‘*granting tire variance be compatible with *.he <br />use and enjoyment of the surrounding properties and their normal and orderly development? <br />The required compatibility findings arc; <br />(3) The variance, if granted, will not alter the essential character of <br />the locality <br />(1 1) I ho granting of the proposed variance will not in any way <br />impair health, safety, comfort or morals, or in any other respect be <br />contrary to the intent of this chapter <br />This standard is not met by this application. The pattern of development of Westlake, while <br />not in full conformance with the LP.-l A, is not that of the LR-IC district, which is the result of <br />granting the requested variance. It will permit unreasonable development of the lot with no <br />1
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