08-25-2003 Council Packet - Laserfiche WebLink

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r #03-2936 August 18,2003 Page 7 of 8 required to simply develop the lot. The hardcover variance requests should be reviewed individually to determine if the uses fall into a substantial right. Again, what is reasonable due to proven hardships found to be inherent to the property. 11 . “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." The granting of the lot area and lot width variances will not impair the intent of the Zoning Code because the property is a lot of record and is legally a buildable piece of property. The granting of the proposed hardcover variances may affect the intent of the Zoning Code especially in the 0-75' zone. This is due to the rebuild status of the property and what has consistently been approved and found to be reasonable. The Planning Commission should discuss whether the lakeside deck and three car garage are reasonable and whether they meet the intent of the Zoning Ordinance. 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." The lot area and lot width variances would be necessary to alleviate hardships inherent in rebuilding the lot. The PLnning Commission should discuss the lakeside deck and three car garage and whether allowing them would alleviate hardship or serve as a convenience. Stafffinds that approval of the lakeside deck would merely be a convenience and the three car garage alleviates the hardship of the limited area present to accommodate a reasonably sized garage and associated parking. Issues for Consideration 1. Have the applicants shown a good faith effort to reduce hardcover? 2. Is inheritance of a non-conformity a valid hardship for current property owners? 3. Would allowing the lakeside deck serve as a convenience or alleviate a hardship? 4. Does the limited area in the 250-500’ zone alone justify allowing a three car garage which has become the standard with rebuilds, even when a standard two car garage would still result in hardcover beyond what is allowed? 5. Are there any other issues or concerns with this application? Staff Recommendation Approval of the lot area and lot width variances which are formalities with all rebuilds on legal lots of record that were created prior to adoption of the current Zoning Code. Denial of the hardcover variance in the 0-75’ zone to allow a lakeside deck. Consistently staff has required full compliance in the 0-75’ zone w-ith rebuilds. No convincing * i