2013-07-02 P & Z Minutes - Approved

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Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on July 2, 2013, to consider a request of Tim & Lisa Herr, 7247 Main Street, for a variance to allow placement of an accessory building in a front yard. Findings: 1. The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing and in person during the public hearing and input process. 2. City Code, Chapter 156, Sec. 156.107, (A), (3) provides that "no accessory structure shall be erected or located within any required yard except a rear yard." 3. The applicant's property is a lake frontage lot. 4. The property is subject to a 75 foot rear -yard setback due to lake frontage on Centerville Lake and the home is setback approximately the minimum leaving insufficient room in the rear yard for a garage /accessory building 5. The front of the home is setback a distance of approximately 150 feet from the street property line. 6. Due to the extraordinary setback, a variance permitting an accessory building in the front yard, would still allow the accessory building to be set back a distance more than the minimum front yard setback of 35 feet. 7. The use and building type meets the requirements of the Comprehensive Plan. 8. The applicant provided evidence that an accessory building could not be constructed without the variance. 9. The alleged difficulty or hardship has not been created by any persons presently having an interest in the parcel of land. Special circumstances exist that are peculiar to the land, structure or building involved and do not result from the actions of the petitioner. The Commission finds that the unique circumstances of the property justify a variance. 10. The Commission finds that the applicant has demonstrated that the variance proposed is the minimum necessary to accomplish the permitted use. The Commission has identified conditions that