08-25-2003 Council Packet - Laserfiche WebLink

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M)3-2936 August 18,2003 PigcSofS the deck. Staff docs find a hardship in allowing 37% hardcover in the 250-500 ’ zone. The orientation of the property results in very little area in the zone (6,305 s.f.). Because of the narrowness of the lot, to meet the hardcover restrictions in the 75-250’ zone, the garage is forced to be towards the street end of the property. The applicants have made a good faith effort in trying to meet Zoning Ordinance requirements by moving the garage to meet setbacks. Also, a three car garage is not uncharacteristic with rebuilds. The proposed driveway, with tum-around, is not unreasonable due to safety concerns on Casco Circle. Therefore, staff would recommend approval of the hardcover variance in the 250-500 ’ zone allowing 37% hardcover when 30% is normally allowed due to the narrowness of the lot, limited area in the zone, and the sight visibility issues on Casco Circle requiring a tum-around. Staff would make the following recommendations in regards to the criteria for “undue hardship ’’ pertinent to this application: 1.“The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property can remain in its current state should the variances be denied. Any rebuild or remodel which resulted in added hardcover would require hardcover variances because the lot is currently over in the 0-75’zone and the 250-500' zone. 2.“The plight of the landowner is due to circumstances unique to his property not created by the landowner." The lot area and width hardships and the hardcover hardship in the 250-500' zone result from the long and narrow orientation of the lot which is unique to the property, not circumstances created by the landowner. However, there are no unique circumstances within the 0-75 ’ zone, unique to the property, which create a hardship not created by the landowner. The Planning Commission should discuss whether a hardship exists in the fact that the current owners didn't construct the deck but inherited it with the property. 3. “The variance, if granted, will not alter the essential character of the locality." Should the lot area, lot width, and hardcover variances be granted, the essential character of the locality would not be compromised. Afany of the lots in the neighborhood have similar non-conformities. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter." % f .• h .k rfiriliiiaiitA