07-19-2004 Planning Packet - Laserfiche WebLink

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•04.3007 May 10.2004 Pa*e7 3. "The vanar.ee, if granted, wi!’ • '♦ alter the essential character of the locality." Craitimg of lot area .« »■ e to s’lo^v a house to be constructed on the site ^m!1 l:a\e only a minor impact c ' '‘haiacter of the neighborhood, as Ic'ig as the house meets the setback standard:,". Vie 2-acre zone (which will center the house or the lot more than for other lots in the neighborhood which v e-e developed under a lesser standard^ 4. "Eccnomtc considerations alcnc shall nc: constitute an undue hardship ;f reasonable use for the property exists under the terms of the Zoning Chapter." Applicant has not suggested that economics are a factor However, staff cannot ignore that the assessor j recent \aluation rrereoje on the property may be influencing the applicant s percei\ed value of the property 5. "The special conditions applying to the structure or land in question arc peculiar to such property or immediately adjoining property." The lot Size is typical of the immediate ar^a. and a!! homes m the immediate area a<e subject to the 2-acre standards even though thtr^ are I-acre lots The wetland condition IS a unique factor to this properr, and the vacant lot across the street,^rom "The conditions do not apply generally to ot'r.or land or structures in the district in which said land is located " The lot size is unusually small for the LR-lA District "The granting of the application is necessary for the preservation and enj o>mcnt of a s ubitaniial property right of the applicant." Craniing of area variance is necessary to allow use for lesuiential purposes Whether the applicant has a right to use the property fer that purpose is a function of wetland ordinc'ices. laws and rules, how they have been applied in the past and how they will apply now "The granting of the proposed variance will not in any way impair health, safety, conifcr», morals, or m any other respect be contrary to the intent of the Zoning Code." Granting of the area variance to allow a house on the sue will not be contrary to the intent of the Code if it can be demonstrated that the area designated as wetlarul is no longer serving vveiland functions arid cannot legally be required to be restored to its condition prior to the filling *Tnc gra.niing of such var.ancc will not merely serve as a ccnvcnicncc to the applicant, but is necessary to alleviate dcmcnstrablc hardship or difHculty." Granting of the lot area variance may supported by hardship due merely to the ictc-- imposed 2-acre requirement However, the wetland status cf the lot needs to be resolved nt order to allow the lot to be built on