06-23-1997 Council Packet - Laserfiche WebLink

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niAi June 12,1997 Page 3 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 property can continue to be used for single family residential purposes if the variances are not granted. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unimproved side street is a somewhat unique circumstance not created by the landowner. The size of the proposed building requiring a 15'lot line setback is, on the other hand, a circumstance created by the landowner. A building smaller than 750 s.f would only need a 10' lot line setback. 3.The variances, if granted, will not alter the essential character of the locality. This large accessory building at its proposed location will have some visual impact on the neighborhood as it currently exists, but might have a a more significant impact on the low density residential character ofthe area if the side street is ever developed, which would make this building much more visible. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. There is no apparent economic Hardship to consider. 5.Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. (Not applicable in this application) 6.Tne 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. Accessory buildings are an allowed use in the LR-IB zone. Issues for Consideration 1.Planning Commission should conclude whether this size building is necessary. Will a smaller building suffice? Note that the height of the building, while unusually tall, will still be conforming. 2. Is it appropriate to allow the proposed accessory building less than 3 feet from right-of-way