SR 06:247 - Laserfiche WebLink

FINDINGS The Zoning Administrator may grant a variance to a regulation when she is able to make three findings. The three findings are outlined below along with discussion of whether they can be made for each requested variance. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provi- sions ofthis chapter deprives such property of privileges enjoyed by other prop- erties 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 acces- sory 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 vanance. (C) Increase in Floor Area Ratio Staff finds no special circumstances applicable to the subject lot depriving it of floor area ratio privileges enjoyed by other properties in the vicinity and under identical zoning classification. The subject lot is regularly shaped and its area is greater than the minimum lot size standard for the zoning district. This finding can therefore not be made. 2. That 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 residentiaJ zoning district have nonconforming side yard setbacks of less than the required five-foot mini- mum. The Zoning Administrator has approved several variances to maintain the existing side yard setback for new additions. The finding can therefore be made that the granting of a variance from the side yard setback to maintain an existing nonconforming setback is not a grant of special privilege. Case No. PV-131/PADR-I338 Page 3 of6 September 15, 2005