SR 06:247 - Laserfiche WebLink

Resolution No. 06- Page Two WHEREAS, the City Council made the following findings: 1. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; (A) Decrease in Side Yard Setback The R-1-6,500 zoning district requires a minimum lot depth of 100 feet and a minimum lot width of 65 feet. At 44.62 feet, the subject lot has a substandard width. Staff believes that the substandard lot width is a special circumstance that makes compliance with the side yard setback more difficult on the subject lot than on lots that meet the minimum lot width of the R-1-6500 zoning district. Staff therefore feels that this first finding can be made for the side yard setback reduction. (B) Increase in Accessory Structure Height The subject lot is located within the Downtown Revitalization District. Staff believes that the site's Downtown location is unique due to the fact that that there are existing accessory structures in the Downtown that exceed the 15-foot height limit, thereby creating a distinctive neighborhood character. Staff therefore believes that the District provides a special "locational" circumstance and that this first finding can be made for the height variance. (C) Increase in Floor Area Ratio Similar to the above finding, the site's Downtown location is unique in that few of the City's zoning district regulations fit the development pattern that has occurred from the early 1900s to today in the residential neighborhood. The City has therefore supported higher F ARs in this neighborhood. In addition, the subject lot is substandard in width thereby reducing options for a home's layout and design. This finding can therefore be made. 2. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district; (A) Decrease in Side Yard Setback Many homes, including the subject home, in the Downtown R-1-6500 residential zoning district have nonconforming side yard setbacks ofless than the required five-foot minimum. The Zoning Administrator has approved several variances to maintain the existing side yard setback for new additions. The finding can therefore