05-19-1997 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. Any accessory building would have to be less than the height of the principal structure. Without the proposed accessory structure, the residence could be continued to used for residential purposes The current residence does not lend itself to storing the equipment and supplies for the applicant's plumbing business. 2.1 I*e plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the landowner is created by several factors: a. The height of the principal structure. b. The proposed plan to store plumbing equipment and supplies where the Zoning Code does not currently allow accessory structures to be used for home occupations. 3. The variance, if granted, will not alter the essential character of the locality. The accessory structure, if used for the intended purpose would introduce a commercial activity into a structure designed as a garage. If a bathroom is installed, it might encourage the structure to be used at some future point as a dwelling unit. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic considerations are a factor with this application because the applicant would be able to use property he owns as his residence for business purposes. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not an issue. 6. 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 #2233 Waller Hoher U30 NorthShore Drive West 5/19/97 page-3