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04-15-2002 Planning Packet
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04-15-2002 Planning Packet
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2/16/2023 3:34:04 PM
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STATEMENT OF HARDSHIP <br />The applicant should also be asked for their testimony regarding this issue. The Zoning Code lists <br />the following criteria for determining hardship on a property. Below each is some discussion <br />regarding the topic for consideration of hardship. <br />Criteria for Determining Undue Hardship <br />1. The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls. <br />The property is being pul to a reasonable use because it contains a single family resilience. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />There are several issues unique to the property regarding the lot area. The property was <br />created well before the existing zoning ordinance was adopted. The actual property' was <br />greater than 5 acres in area (including wetlands) when the property was created Much of <br />the south portion of the property was acquired for improvements to County Road 6 <br />substantially reducing the lot area. <br />The side and rear .setback variances are required based on the location of an existing <br />detached garage that is proposed to remain on the property. The garage and driveway <br />access to the building would be blocked by the new house if the new house were constructed <br />to meet all current setback standards. <br />A large group of trees are located between the existing house and roadway. Relocating the <br />house would expose the building to County Road 6 <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The variance would not change the character ofthe locality. The development pattern of the <br />lot is in character with the general development pattern of the lot as it exi.sts. <br />4. Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of this chapter. <br />Economic factors are not a consideration. <br />5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight 6 <br />solar energy systems. <br />Solar access is not a consideration.
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