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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, safety, comfort <br />or morals, or in any other respect be contrary 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 variance will not merely se rve 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 />impact create d by the variance . No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br />Septic System Status <br />Staff has comp leted a preliminary review of the project for compatibility with the sep tic system, <br />and has requested additional information from the application in order to determine whether <br />the project is likely to impact the existing or fut ure septic sites. The attached letter from the <br />Building Official provides additional information. All outstanding sep tic issues must 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 Exhibit B, and <br />sho uld be asked for additional testimony regarding the application. <br />Practical Difficulties Analysis <br />Staff finds that the location of the existing home, septic si tes, and wetland/pond on the property <br />make locating a conforming accessory structu re, particularly an OAS in the size as permitted, <br />difficult. The impact of a 1,200 square foot "two story" barn will be mitigated by both the exis ting <br />wooded areas and the distance between the building and the homes on adjacent properties. <br />Public Comments <br />No public commen ts have been received . <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property i n a reasonable manner which is not permitted by an official con trol? <br />2. Does the Planning Commission find that the variance(s), if granted, will not alter th e <br />essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose co nditions in order to mitigate the <br />impacts created by the granting of the requested variance(s)? <br />4. Are there any other issues o r concerns with this application? <br />Planning Staff Recommendation <br />Planning staff recommends approval of the variance in conju nction with the property owners <br />agreeing to the OAS covenants in the approva l resolution.
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