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CCP 01-08-2001
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CCP 01-08-2001
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<br />application for a, front yard setback variance at 1867 Glen Paul Avenue, staff made the following A <br />findings: ,., <br /> <br />1. Whether the circumstances for which the variance is requested are unique to the property, <br />The properties along Glen Paul Avenue are, generally, between thirty-five and forty feet from <br />the front yard setback (Exhibit D), The current code requires that the houses be placed forty feet <br />from the front property line, There are no plans to amend the language of the ordinance nor does <br />the comprehensive plan forecast any future changes to this area. This location of the home, <br />terrain or shape of the property is no different than its neighboring properties, Therefore, this <br />request does not possess any unique circumstances. <br /> <br />2, Whether granting the variance would be in keeping with the spirit and intent of the City's Zoning <br />Code, <br />The intent ofthe zoning ordinance is to ",. .fix reasonable standards to which building, structures <br />and land shall conform for the benefit of all", The zoning ordinance also states that a variance <br />should only be granted if the configuration of the property prohibits reasonable development that <br />may be perniitted on a similar sized lot within the same district. This lot is no different from <br />other lots in the district. There is no physical feature of this property that is prohibiting <br />development so that it needs to occur within the setbacks. Any reasonable development that <br />could be constructed on any lot in the district could also be duplicated on this lot according to <br />the standards 'that have been set. Therefore, granting a variance for this application would not <br />meet the spirit and intent of the zoning ordinance. <br /> <br />], Whether the property in question can be put to a reasonable use without granting of a variance, e <br />A single family home is currently constructed on the property. Therefore, the property in <br />question has already been put to a reasonable use. The applicant is proposing to add on to the <br />front of his home because of the interior layout and location of the kitchen, However, it is <br />possible to reconfigure the addition in some manner to avoid requiring a variance from the <br />ordinance, It can not be said that without this variance, the property could not be put to a <br />reasonable use. <br /> <br />4, Whether the hardship was created by the property owner, <br />Although the shape of the lot and position of the house are not the fault of the current owner, the <br />owner is proposing the addition within the setback area, creating the need for a variance, This <br />could be avoided by reconfiguring the addition so that it was not within the required setback <br />area, The need for this variance is being created by the property owner. <br /> <br />5, Whether granting the variance will alter the essential character of the neighborhood. <br />The current structure is situated at 35,5 feet from the front yard line, Therefore, to expand the <br />home by foUr feet to match this setback will not significantly alter the character of the <br />neighborhood, However, it should be noted that the structure is currently nonconforming by <br />building placement and, by ordinance, nonconfonning structures should not be expanded, Ifthis <br />is not the intent of the City, then the ordinance should be amended. <br /> <br />e <br /> <br />2 <br />
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