01-10-13 Special Called Meeting of the Zoning Board of Adjustment

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Board of Adjustment January 10, 2013 Page 2 The applicant intents to build a house with a proposed plot plan #W328, which requires a buildable area depth of 75'8". Using the City's setback standards for rear building line, the submitted plans do not meet the requirements. Staff discussed the following options with the applicant: • re -arrange the building layout within the existing lot area to comply with setback requirements; or • submit a variance to the Board of Adjustment seeking relief of the rear building setbacks. Citing Section 106-192 B (2) b, the applicant is seeking a variance from the required setbacks of 15' for rear building line. Applicant is requesting building setbacks of 15' on the rear for lots 69 and 72, Block 2, Lakes at Fairmont Greens Subdivision, Section 1 be reduced to 14'. The applicant has stated that reducing the rear building setback line of these lots will allow for honoring executed sales contracts with prospective buyers and subsequently improve sale of houses in the subdivision. Analysis: Section 106-192 B(1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and ❖ That by granting the variance, the spirit of the chapter will be observed.