05-28-2020 Regular Meeting of the Zoning Board of Adjustments

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Board of Adjustment Meeting May 28, 2020 Bayway HomesVariance Ordinances. Section 106192 of the Zo from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variances will not Granting this variance would mirror the be contrary to the public interest housing development to the west of the proposed area (also constructed by the applicant) and would not be contrary to public interest. b. That literal enforcement of this chapter As it relates to driveway criteria in will result in unnecessary hardship because townhouse/quadraplex developments, of exceptional narrowness, shallowness, meeting the code is difficult and likely shape, topography or other extraordinary or impossible. According to Section 106-333 exceptional physical situation unique to the referenced earlier, the minimum lot width is specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property lot for placement of the driveway (minimum itself as distinguished from a hardship width allowed per code). Section 106-839 relating to convenience, financial requires a minimum of 2 parking spaces per considerations or caprice, and the hardship household while Section 106-835 requires must not result from the applicant or ort, a property owner's own actions. setbacks and parking space size. As it relates to density, side setback, and driveway spacing requests, staff finds it difficult to argue that there is an unnecessary hardship preventing the applicant from meeting the listed requirements. c. That by granting the variance, the spirit of Staff feels that with the approval of the this chapter will be observed. proposed variance, the proposed development will meet the spirit and intent of the R-2 zoning district and thus the Chapter 106.