05-23-13 Zoning Board of Adjustment Meeting

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Zoning Board of Adjustment 413-93000001 Page 2 of 3 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. Conclusion: ❖ 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. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the carport may create a visual obstruction issue with the adjoining properties. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. We also find no grounds to justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." This lot represents a typical example of property within subdivisions throughout the City. The average dimension for the width of a car or pickup truck is approximately 6'. A 10'tol2' wide driveway is common in the area and easily accommodates parking for a car or pickup truck. If the applicant maintains the required side yard setback of 5 feet, the proposed carport will be 13.5' wide and will adequately accommodate the vehicle's width. Based on the facts noted in this report, the applicant's request to encroach 2' into the required side yard setback would appear to be contrary with the spirit of the ordinance, by allowing carport within 3'setback from the side property line is not justified. Variance Request 413-93000001 is to allow for 3' side setback in lieu of 5' side building line of a standard lot is contrary to the provisions established by Section 106-771(4) of the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106-192 (variances). While recognizing the circumstances associated with the property, the Board could consider: