02-19-2008 Planning Commission Packet

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. . ��,c�� - � HARDSHIP DOCUMENTATION ANSWERS ANSWERS: QUESTION 1: The present codes would render the property unbuildable and without marketable value for its intended purpose, and for the purpose used for prior decades. QUESTION 2: The southern lot line of the property runs through the home of the neighboring land owner. This error arose as a result in the historical survey of the section whereby the section survey was short by approximately 52 feet. One lot was apparently measured off the northern section line and the other lot measured off of the southern section line. QUESTION 3: The characteristics of the area remain unaltered. The house has been redesigned to fit onto a smaller lot with the same street setback as its neighbors. This house,not only stays out of wetlands but out of the buffer zone as well. The existing structure encroached into the wetland and buffer zone. � QUESTION 4: While the economics of the errant surveying create a hardship, clearly the hardship is mostly felt in the creation of an unbuildable lot that had previously been occupied. There are therefore no reasonable uses for this otherwise desirable land. QUESTION 5: N/A ,_. __ . QUESTION 6: N/A � QUESTION 7: N/A QUESTION 8: Tlie hardship is particular to this property as the historic error on the section survey results in approximately 52 feet missing from the section. Lots to the south measured from the southern line and lots to the north measured from the north line. The subject lot and the southern neighbor suffer the result of this historic survey error whereby the subject property's southern line runs through the house of the southerly neighbor. Applicant and Owner have negotiated an amicable resolution that will effectively settle the disputed line at the historical line of occupation. QUESTION 9: The conditions described above do not apply generally to other land or lots not sharing the unsettled southerly lot line of the property or immediately south of the property. QUESTION 10: The necessity of the variances requested are demonstrated in the dramatic effect the lack of said variances would have on the ability to build on the subject property were the claimed line of occupation to be treated as the lot line. The lot could be considered unbuildable. QUESTION 11: The granting of the requested variances will not be contrary to the intent of the Zoning Codes,nor will it affect the health, safety, comfort, or morals.