04-20-1998 Planning Packet - Laserfiche WebLink

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Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing residence cannot he expanded in its current location without a variance. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing residence was constructed prior to current zoning requirements. 3. The variance, if granted, will not alter the essential character of the locality. The variance for front setback will not change the character of the area. 4. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is net permitted under this Chapter for the property in the zone where the affected person's land is located. 5. 6. A single family residence is allowed in this zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Many residences along Orchard Park Road are set back a similar distance from the road. The conditions do not apply generally to other land or structures in the district in which said land is located. 7. Some residences along Orchard Park Road are located even closer to the road than the subject property. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing residence, that meets all other zoning requirements, cannot be expanded or significantly remodeled without the granting of a front setback variance. The Planning Commission and City Council have previously approved this variance by resolution citing adequate hardship. U2360 Anthony Kmetz 640 Orchard Park Road Variance April 20, J99S Page 4