HomeMy WebLinkAbout04-15-2019 Board of Adjustments Agenda PacketThe Board of Adjustm ents is authorized to grant varian ce through Article II.A.d(3) w hi ch says the
following:
d. Duties and Powers: The Board shall have the following duties and powers:
(3) Variances -To authorize upon appeal in specific cases variance from the terms of this ordinance
not contrary to the public interest where, owing to special conditions, a literal enforcement of the
provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the
spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice
done.
Prior to granting a variance, the Board shall find that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of
property in question because of its size, shape, or topography;
(b) The application of this ordinance to the particular piece of property would create an
unnecessary hardship;
(c) Such conditions are peculiar to the particular piece of property involved; and,
(d) Relief, if granted, would not cause substantial detriment to the public good or impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for a use
of land or building or structure that is prohibited by this ordinance.
The Ordinance provides guidance for variance reque st s throug h the follow in g criteria :
Article 11.C.3 .e .
Criteria -(1) An application for a variance shall be granted only on the concurring vote of four
Board members finding that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of
property in question because of its size, shape, or topography;
{b) The application of the ordinance to t his particular piece of property would create an
unnecessary hardship. Personal financial hardship is not a justification for a variance.
(c) Such conditions are peculiar to the particular piece of property involved; and
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for a use
of land or building or structure that is prohibited by this ordinance.
When a variance is granted by the Zoning Board of Adju stment it ha s the follow in g effect:
Article 11.C.3 .g.
Effect of Variance -Any variance granted according to this section and which is not challenged on
appeal shall run with the land provided that:
(1) The variance is acted upon according to the application and subject to any conditions of
approval within 365 days of the granting of the variance or final decision of appeal, whichever is
later; and
(2) The variance is recorded with the Judge of Probate.
3 BOA 19.05 110 At kinson Ln. -A pril 15, 201 9
Analysis and Recommendation: Varian ce Criteria
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in
question because of its size, shape, or topography.
Response: The minimum lot area for the subject property is an existing non-conformity. The
minimum for R-2 is 10,S00sq feet and the subject property is approximately 6,361sq feet roughly
60% of what is required by the cur rent zoning ordinance. If the subject parcel was a conforming lot,
the addition could be much larger and may not require a variance .
{b} The application of the ordinance to this particular piece of property would create an
unnecessary hardship. Personal financial hardship is not a justification for a variance.
Response: Due to the setbacks on this non-conforming lot it makes it impossib le to expand the house
in the rear or front as the house already encroaches into both setbacks.
(c) Such conditions are peculiar to the particular piece of property involved; and
Response: The conditions are peculiar to this piece of property as it is an existing non-conforming lot
due to its size and was subdivided before the current regulations were in place.
(d) Relief, if granted, would not cause substantial detriment to the public good and impair the
purpose and intent of this ordinance; provided however, that no variance may be granted for a use
of land or building or structure that is prohibited by this ordinance.
Response: Relief, if granted, would not cause any detriment to the public nor impai r the intent of this
ordinance . This Ordinance grants relief based on a particular piece of property having exceptional
cond itions.
Staff Recommendation:
Staff recommends this request be approved. The applicant's proposal appears to be as minimal as possible
that will allow a sma ll renovation to lo ca t e the laundry room in the primary residence whi le maintaining the
required separat ion distance from the detached garage (accessory structure). The proposed addition would
not have any negative effect on the surrounding area.
Prepared by:
Mike Jeffries
Planning Technician, QCI
4 BOA 19.05 110 Atkinson Ln. -Apri l 15, 2019