RES 86209 - Laserfiche WebLink

The proposed residence is to be located on the smaller of the two new lots. It is a somewhat different house than he one proposed in the 1985 variance application in its size and orientation on the site. Also, the new proposal includes a detached garage.. The front porch on the proposed residence would come to within 12 ft. of the front property line. All other required setbacks for the house and garage would be met. The applicant states that the encroachment is due to the nature of the proposed house, which is to be a Victorian period house designed to complement the historic Foust residence. REQUIRED FINDINGS Three findings are required for approval of a variance. The applicant must demonstrate (1) that special circumstances unique to the site can be found; (2) that the proposal will not constitute a grant of special privilege; and(3) that the health, safety and general welfare of the surrounding area are not jeopardized by the request. The variance is granted not by degree, but based upon specific findings and site conditions only. Because of the fact that the subject property lacks frontage on a public street and that its original creation required a variance, there are circumstances unique to this site. Therefore, the first finding can be made. The granting of the variance would create lots that meet the size requirements in the zoning district. Therefore, permission to do so would not constitute a grant of special privilege, and the second finding can be made. The third finding concerns the health, safety and general welfare of the surrounding area. Although the zoning ordinance only requires 6500 sq. ft. lots in this district, it assumes that those lots will have frontage on a public street and, therefore, be in conformance with other aspects of the City's code. Such is not the case in this situation. Although the granting of the variance for the original subdivision was not specifically contingent on the fact that the resulting lots were larger than the minimum required in the zoning district, it was a factor leading to the decision to allow the creation of lots which are not in accordance with the City's ordinances. Larger lots limited the aesthetic impact on the adjacent historical residence, limited the hazard created by the poor sight distance on the driveway, and limited the impacts of increased traffic using an access that passes so near to the residence to the west. All of these impacts would be increased substantially by the addition of another buildable site on the property. Therefore, staff feels that the general welfare of the surrounding property - 3 -