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

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Board of Adjustment January 10, 2013 Page 3 The Board must decide if the applicant's request to have rear building setbacks at 14' instead of 15' per Code of Ordinances, Section 106-333, Table B, residential area requirements, is reasonable. The Board is charged with deciding whether all of the above conditions have been met. The applicant believes that imposing current setbacks will void the contract and may cause potential loss of these homes in the subdivision. The applicant requests that the Board recognize this as a hardship. Measures are in place to ensure the property remains aesthetically pleasing adjacent to the golf course. If the setbacks of 14' are approved, the instrument will be placed in the subdivision folder along with a form survey to avoid any complications at the title assessment. Conclusion: Variance Requests seek reduction of 1' rear building setback for Lots 69 and 72, Block 2, Lakes at Fairmont Greens, Section 1, contrary to the City's Code of Ordinances. The circumstances, however, for the requested variances are due to the property owner's own action. While, physical shape, width and depth of these lots do not present any situation unique of the property concerned, the applicant's variance requests appear to meet the spirit of the Ordinances. While recognizing the grounds for the request associated with the property, the Board could consider: 1. Variance Request 412-93000009 ➢ Granting the variance and allow a reduction of 1 ' on the rear building setback line. ➢ Denying the variance thereby denying construction of the building encroaching upon the rear building setback. 2. Variance Request 412-930000010 ➢ Granting the variance and allow a reduction of 1 ' on the rear building setback line. ➢ Denying the variance thereby denying construction of the building encroaching upon the rear building setback line.