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440 Brown Road South - 03-117-23-42-0012
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16-3872, VAR
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Project Packet
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FILE #16-3872 <br />12 Oct 16 <br />Page 4 of 4 <br />structures. The proposed structure meets all but the front setback due to the home <br />location. This criterion is met. <br />7. The granting of the proposed variance will not in any way impair health, safe t y, comfort <br />or morals, or in any other respect be co ntrary to the intent of this chapter. The accessory <br />building in the proposed location will not impair the health, safety, comfort or morals <br />of the public. <br />8 . The granting of such varia nce will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable difficulty. There are no conforming locations <br />to construct such an accessory building on the property; this criterion is met. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />im pact created by the va riance . No variance shall be granted or change d beyond the use <br />permitted in this chapter in the district w here such l and is located. <br />Septic System Status <br />Staff ha s completed a preliminary review of the project for compatibility with the septic system, <br />and ha s requested additiona l information from the application in order to determine w hether <br />the project is likely to impact the existing or future septic sites. The atta ched letter from the <br />Building Official provides additional i nformation. All outstanding se ptic issues mu st be resolved <br />prior to the issuance of a building permit. <br />Practical Difficulties Statement <br />Applicant ha s completed the Practical Difficulties Documentation Form attached as Exh ibit B, and <br />shou ld be asked for additional testimony re garding the application . <br />Practical Difficulties Analysis <br />Staff finds that the location of the existing home, septic sites, and wetland/pond on the property <br />make locating a co nforming accessory structure, particularly an OAS in the size as perm itted, <br />difficult. The impact of a 1,200 sq uare foot "two story" barn will be mitigated by both the existing <br />wooded area s and the distance between the building and the homes on adj ac ent properties . <br />Public Comments <br />No public co mments ha ve been recei ve d. <br />Issues for Consideration <br />1. Do es the Planning Co mmiss ion find that that the property owner proposes to use the <br />property in a reasonable manner w hic h is not permitted by a n official control? <br />2 . Does the Planning Comm ission find that the v ariance(s), if granted, will not alter the <br />essential character of the neighborhood? <br />3. Do es the Commission find it necessa r y t o impose conditions in order to mitigate the <br />impacts created by the g ranting of the requested variance(s)? <br />4. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Planning staff recommend s approva l of the variance in conjunction w ith the property owners <br />agree ing t o the OAS covena nts in the approva l resolution.
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