10-27-2003 Council Packet - Laserfiche WebLink

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M3-29S4 0ctobtr20.2003 Pages of 5 which said land is located.” Staff does not find any unique conditions with this lot or structure to recommend variance approval 10. ”lhe granting of the application is necessar> for the preservation and enjoyment of a substantial property right of the applicant.” The applicant still has to ability to construct 171 square feet of patio. 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." Granting of this variance would be contrary to the iraent of the Zoning Code. 12."The granting of such variance will not merely serv e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The granting of this variance would serve as a convenience to the applicant since no demonstrable hardship or difficulty has been shown. The applicant has the ability to construct 171 square feet of additional patio. Issues for Consideration 1. Should the applicant be held to the hardcover calculations which allowed the addition in 2002? 2. Is there a hardship that constitutes granting a variance to allow 1,000 square feet patio when the applicant has the ability to construct 171 square feet without a variance? 3. Should the applicant be required to removed all fabric that has since be installed? 4. Are there any other issues or concerns with this application? Staff Recommendation Denial of the hardcover variance to allow 1,000 square feet of patio in the 75-250' zone resulting in a hardcover percentage of 26.9% when 25% is required. *1 1 innsiiuiriiiii