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N03-2933 <br />August 11,2003 <br />Pagc9of9 <br />The overage of hardcover goes beyond a substantial right. <br />11 . "The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning <br />Code." <br />Granting a variance for the separate water meter will stay within the intent of the <br />Zoning Code. <br />Consistently when hardcover is being proposed on a lot that is over, a 1:1 add to <br />remove ratio has been enforced. Should this not be enforced the intent of the <br />Code would not be met. <br />12.“The granting of such variance will not merely ser\ e as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty." <br />The variance to allow a separate water meter is necessary to alleviate the <br />hardship which would otherwise require the house to be torn down. <br />Allowing hardcover beyond a 1:1 trade would serve as a convenience to the <br />applicant because no hardship has been presented, other than economic reasons <br />which are not valid. <br />Issues for Consideration <br />1 . Because hardcover is only being added to the 250-500' zone and within the limits <br />allowed by Zoning Ordinance, should the 75-250 ’ zone be subject to removals? <br />2. Have the applicants demonstrated a valid hardship to not require a 1 :1 removal for <br />added hardcover? <br />3. Should the applicant be required to remove hardcover equal to what is being proposed, <br />860 s.f., or should the applicant be required to remove amounts of hardcover <br />necessary to bring the property into compliance, 925 s.f? <br />3. Is the intent of the hardcover ordinances to not only regulate hardcover in specified <br />zones, but also on the property as a whole? <br />4. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Approval of both conditional use permits to allow a non-rental guest apartment above the <br />existing attached garage and plumbing in the proposed accessory building. <br />Approval of a Variance to allow the utilities for the non-rental guest apartment and the <br />plumbing in the accessory building to be metered separately. <br />Approval to allow hardcover to be added to the property, which doesn’t meet hardcover <br />requirements of the 75-250 ’ zone, subject to equal amounts of removal either in the 75- <br />250 ’ zone or 250-500 ’ zone, or a combination thereof This would consist of 860 s.f <br />removal of hardcover. <br />» % <br />* <br />\ . <br />J