Laserfiche WebLink
spirit and intent of the zoning chapter. Undue hardship as used <br />in connection with the granting ofvariance means: "(2) the <br />plight of the land owner is due to circumstances unique to his <br />property not created by the land owner; (3) variance, if granted, <br />will not alter the essential character of the locality." The <br />undue hardship in this case can be based on the factors of sewer <br />and water hook-up, for which an assessment was paid and from <br />which the City benefited economically. It can also be based upon <br />a due process violation when the City failed to notify of the <br />statutory right to a conditional use permit. <br />in the planning commission report prepared by Michael P. <br />Gaffron on May 15, 1986, certain elements and/or facts must be <br />emphasized. First of all, on page 3, there is no evidence that <br />there has ever been a denial of any application for a lot <br />area/width variance for those lots under common ownership. The <br />only applications for variances which were denied involve single <br />separate ownership lots. Unlike Lot 19, these lots which were <br />denied buildability lacked the availability of a sewer, and water <br />hook-up. <br />In conclusion, the fp:cts surrounding any application for a <br />variance for Lot 19 in the LR/lB zone, support the granting of <br />the variance request. <br />