02-17-1998 Planning Packet - Laserfiche WebLink

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2. 7. 8. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 1 he subject property was platted prior to current zoning requirements. The owner demolished the residence without knowing that rebuilding requires a variance. The variance, if granted, will not alter the essential character of the locality. The variance for lot area will not change the character of the area. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. A single family residence is permitted in this zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Most lots in the immediate area do not meet the 1 acre minimum lot area requirement. The conditions do not apply generally to other land or structures in the district in which said land is located. The applicant had removed the existing residence to build a new one. The lot is currently vacant. Constructing a new residence on the vacant lot requires a lot area variance. Most zoning lots in the Chevy Chase neighborhood are fully developed. Lot area variances would be needed for tear dovvTi/rebuild situations. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A new residence can not be constructed on the property without a lot area variance. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. While the subject property does not meet the lot area requirement, the proposed residence can adhere to all other zoning requirements. 1^2334 Lecy Construction Co on behalf of Jeffrey and Elizabeth Jacobsen 127 Chevy Chase Drive Variance 2/17/98 Page 3