01-20-2004 Planning Packet - Laserfiche WebLink

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FILE«Oi-2M7 J«yM«ye.2004 PafitSofS 7. **The Board or Council may permit as a variance the temporary use of a one*faroiIy dwelling as a twt>-family dwelling.** N/A 8. “The special conditions applying to the structure or land in question are peculiar to such property or inunediately adjoining property.** The old barn was destroyed by a fire caused by arson. In the opinion of staff this criterion is met. 9. **Tbe conditions do not apply generally to other land or structures in the district in which said land is located.** In the {pinion of staff tMs criterion is met. 10. “The granting of the application is necessary for the prescr\ ation and enjo>'menl 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-corforming structure. In the opinion ofstaff this criterion is met. 1 1. “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 ofstaff this criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.“ In the opinion of staff this criterion is met. Issues for ConsMerafioa 1 . Does the size of the old bam have any bearing on the size of the new bam? 2. Are there any other issues or concerns with this application? Staff RccoaMBCudatiou Planning Department Staff recommends approval of the variaiKe and conditional use permit as requested with the following provisions: 1. Densit)' 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 bam. 3. The new bam is not to exceed the height of the 2*story home on the property.