11-24-2003 Council Packet - Laserfiche WebLink

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FILE# 03-2953 October 20. 2003 Page 4 of 6 side. Hardcover Setback V'ariance The applicants are proposing to reduce the amount of hardcover on their property in rebuilding their home. The current hwdeover amount in the 0-75 ’ zone is 8.9% inch;iing the lakeside deck arid stair. The applicants have proposed reductions to reach 0 % hardcover \vithin this zone. The e.xisting stair to navigate their steep slope uill be modified slightly from the e.xisting and a 32 s.f. platform are located within the 0-75 ’ zone but are not counted toward hardcover as they are excluded by the Zoning Ordinance. The 75 ’-250 ’ zone currently has 43.6% hardcover and the proposal will reduce hardcover by 9.5% with a total percentage of hardcover in this zone at 34 1% where 25®/i is permined. Hardship Statement Applicant has provided a hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. In considering applications for variance, the Planning Commission shall consider the effect of die proposed variance upon the health, safety and .welfare of the community, existing and anticipated tram conditions, light and air, danger of fire, risk to the public safety, and the effect on values ofprooertv ^ the surrounding area. The Planning Commbslon shall consider recommending arcroval for variances undue hardship because of circumstances unique to the Individual property under consideration and Hardship Analysb Although the applicants have included detailed hardship statements in support of their request, staff finds that a hardship does not exist to support granting the side vard setback variances or the hardcov er variance as this project is a complete re-build Re’-build situations are an opportunity to evaluate the property and assure conformity and compliance with the zoning requirements. However, the lot area and lot width variances are a formality m this situation and staff supports granting these variances. Staff would make the follow ing recommendations in regards to the criteria for “undue hardship’ pertment to this application: 1. “The property in question cannot be put to a reasonable use if u<ed under conditions allowed by the official controls." The property is 0.71 acre and a reasonable home can be constructed on this site In the opinion of staff this criterion is not met. 2. “The plight of the landowner is due to circumstances unique to his property not ' created by the landowner." ^ The applicant has proposed to reconstruct the entire home, thus requiring more strict standards than tnat of a remodel. The property, excepting the lot width and lot area variance, must hMve a full review and be brought into compliance in the circumstance mMi