12-29-11 Zoning Board of Adjustment

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Zoning Board of Adjustinent December 24, 2011 Page 2 of 3 n&a is : Section 106- 192(b )(1), in the Cade of Ordinances, defines a variance as a deviation fiorn the literal provisions of'the chapter which is granted by the Board when strict conformity to the chapter ivould cause an unnecessary har &hip because of the circumstances unique to the property on - Mich the variance is granted Except as other i prohibited, the board is empori�ered to authorize a variance from a requirement when the board„ nds that all of the folloiving 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 i result in unnecessary hardship because of exceptional narroivness, shallovimess, shape, topography or ether 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 fi°om a hardship relating to convenience, financial considerations or caprice, and the hardship must not result fi•orn the applicant or property) owner's o vn actions; and + That by granting the variance, the spirit elf the chapter will be observed The Beard is charged with determining if the applicant's variance request to Section 106- 741, general provisions, is reasonable and whether all of the above conditions were met. To determine if granting the applicant's request would be contrary to the general public, Staff considered the fact that new residence, garages and accessory building are proposed at the same time and the home and garage will be consistent in design. Staff also recognizes that the development of the property may not create a problem with adjoining properties. Adjoining properties are also single - family residential. Whether the Board does or does not grant the applicant's request, development of house and detached garage will proceed after obtaining a City permit. However, the applicant wants to build an accessory structure as a part of an overall project. When looking at the next test, Staff determined that granting the variance would still observe the spirit of the law. The spirit of the ordinance is assumed to be public safety. If one considers the spirit of the law is to ensure uniformity and property maintenance throughout the City, Staff's notes that there are already some property irregularities (pre - existing nonconformities) in the area. Therefore, it does not appear that the applicant's request will create a negative impact to the property or the surrounding area.