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09-19-2016 Planning Commission Packet
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09-19-2016 Planning Commission Packet
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FILE#16-3861 , <br /> September 14,2016 <br /> Page 4 of 6 <br /> structural coverage and hardcover variances are necessitated by the desire <br /> of the property owner to construct a home of a size and including amenities <br /> similar to those of other homes in the neighborhood; and <br /> c. The variance will not alter the essential character of the locality. Given that <br /> other homes in the immediate neighborhood exhibit similar hardcover and <br /> structural coverage levels as those proposed, the character of the <br /> neighborhood is not likely to be significantly altered by construction of the <br /> proposed home with the requested variances <br /> City Code 78-123 provides additional parameters within which a variance may be granted <br /> as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to <br /> such property or immediately adjoining property. The substandard lot area and <br /> width are common in the immediate neighborhood, where other existing homes <br /> do not meet the shoreland lot coverage and hardcover standards. Much of Casco <br /> Point was developed long before the LR-1C '/2-acre zone and other pertinent <br /> standards were established <br /> 5. The conditions do not apply generally to other land or structures in the district in <br /> which the land is located. The standards applicable to this property apply to all <br /> other property in the LR-1C District; however, the Casco Point neighborhood <br /> contains many homes which do not meet the LR-1C standards due to the existing <br /> lot sizes. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting of the lot area and width <br /> variances is necessary to preserve the property rights of the owner to build a <br /> new residence on the property. Planning Commission must determine whether <br /> the lot coverage and hardcover variances are necessary in order to construct a <br /> residence consistent with the size and quality of other newer homes in the <br /> neighborhood. The applicants have indicated the design has been refined to the <br /> greatest extent possible while providing the minimum reasonable room sizes and <br /> garage space. <br /> 7. The granting of the proposed variances will not in any way impair health, safety, <br /> comfort or morals, or in any other respect be contrary to the intent of this chapter. In <br /> the opinion of staff, granting of the area, width, hardcover and lot coverage <br /> variances would not impair health, safety, comfort or morals and would be in <br /> keeping with the intent of the zoning code. <br /> 8. The granting of such variances will not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of <br /> staff, granting of the area and width variances is necessary to solve an obvious <br /> practical difficulty. Granting of some magnitude of hardcover and structural <br /> coverage variances may be necessary in order to allow construction of a home <br /> that is commensurate with the surrounding neighborhood,which contains a wide <br /> variety of homes in terms of size, shape, etc. Other homes in the immediate <br /> neighborhood have similar lot size, hardcover and structural coverage <br /> characteristics as those requested. The magnitude of the structural coverage and <br />
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