RES 06063 - Laserfiche WebLink

Resolution No. 06-063 Page 2 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; The R-1-6,5oo Zoning District requires a minimum lot width of 65 feet, minimum lot depth of 100 feet, and a minimum area of 6,500 square feet. At approximately 79 feet in width, 150 feet in depth, and 11,888 square feet in area, the lot exceeds the minimum required lot width, depth, and area for the R-1-6,500 District. However, the subject property is unique in that it is moderately sloped and contains a pool immediately behind the existing house. These factors make compliance with the separation requirements more difficult on the subject lot than on flat lots without pools located immediately adjacent to the rear of the home. Therefore, there are circumstances unique to this property, and this first finding can be made for the variance. 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; In order for this finding to be made, there must exist a relationship between the special circumstances applicable to the property and the variance in question. As stated above, the site topography and existing pool are unique and limit the applicant's placement of additions within the separation requirements. Therefore, there is direct relationship between the uniqueness of the lot and the variance in question, and by granting the subject variance, the applicant will not be granted a special privilege that is inconsistent with other properties in the same zoning district. Therefore, the second finding can be made. 3. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The purpose for having separation and setback regulations is to allow for open spaces for light, air, and views between properties; to prevent excessive overcrowding of lands with structures; and to foster harmonious and workable relationships among properties. The proposed additions would meet the floor area ratio (FAR) and height regulations of the zoning district, which are designed to control the overall mass and height of structures on a property. Furthermore, the northem side addition is one story and approximately 17% feet tall (measured from the ridge to the adjacent grade). In addition, the proposed window on the northern side elevation would be an under cabinet window with an upper frame height of six feet as measured from the outside grade. Based on these factors, the proposed addition would not be overbearing to the adjacent properties, would not create privacy impacts, or adversely impact the light, air, open space, and views between properties. Therefore, the granting of the variance would not be detrimental to the public health, safety, or general welfare or materially injurious to properties in the area, and this third finding can be made for the variance.