08-25-1997 Council Packet - Laserfiche WebLink

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8. 9. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. This is a comer zoning lot that essentially has two 35' front yard requirements, one setback from Kelly and the other from Lydiard Avenues. The conditions do not apply generally to other land or stmctures in the district in which said land is located. Other comer lots in the LR-IB zoning district are required to meet a 35' setback from the front property line and side yard adjacent to streets to maintain the same setback for properties that front on the adjacent street. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has indicated the reasons for the proposed deck. 11 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variance will be a convenience for the applicants to have a deck as proposed. However, the proposed deck is located off of the family room and kitchen. If the deck was located elsewhere on the lot, it would be next to bedrooms, the garage or in the front yard which is less desirable. Issues 1. 2. The lot does not meet the minimum lot area requirements. The existing residence is 30' from the west (Lydiard Ave.) side of the property line. The building staff has indicated that an error was made when the addition was built. The builder may have been misinformed about the setback from Lydiard Avenue. The topography of the zoning lot slopes approximately 8-10 ’ from the front yard to the rear yard. The property immediately to the north has an elevation 6-8' above the subject property. U2255 Rick and Deborah Rice 2700 Kelly Avenue 7/21797 Page A