Laserfiche WebLink
IH)3>2934 <br />October 16,2003 <br />Pages <br />7 . “The Board or Council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling." <br />Not Applicable <br />8.“The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” <br />The lot size and location is unique in the neighborhood. <br />9.“The conditions do not apply generally to other land or structures in the district in which said <br />land is located.” <br />The lot size is unusually small for the LR-IC District. <br />10.“The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” <br />Granting of area and width variances is necessary to allow continued use for residential <br />purposes. Hardcover and setback variances are not strictly necessary, however, since a <br />residence meeting the hardcover and setback requirements could be developed on the <br />property. <br />11.“The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code.” <br />Granting of the area and width variances to allow a new house on the site will not be <br />contrary to the intent of the Code; but variances to allow an excessive size house too close <br />to lot lines would have negative neighborhood impacts in terms of maintaining open space <br />in neighborhoods. <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty.” <br />Granting of the lot area and width variances is supported by hardship, but variances to <br />allow an e.xcessive size house or to allow it to be located too close to lot lines would be <br />merely a convenience to the applicant. <br />Issues for Consideration <br />1.Does Pl^ng Commission concur with staff that the lot is buildable, given its history of <br />residential use and connections to municipal utilities? <br />2.What hardship if any has been presented that supports the request for side street setback <br />variances for the house and portico? <br />3.Since a slightly smaller house could be constructed meeting the 25% hardcover limit,' what <br />if any hardships have been presented that support the hardcover variance for a rebuild on the <br />lot? Does the size of the lot itself constitute a hardship in this case? <br />4.Should the proposed house be redesigned to reduce or eliminate the degree of hardcover and <br />setback variances? <br />1