12-14-1989 Public Hearing and Regular Meeting

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Ci' r: VARIANCE REQUEST ~V90-001 PAGE -2- With the adoption of Zoning Ordinance 1501, the minimum sideyard setback on a lot containing a five (5) foot utility easement was effectively increased to eight (8) feet. If granted, the variance being sought by the developer, would allow homes on the affected lots to be located immediately adjacent to the five (5) to ten (10) foot easements in the manner originally intended. ANALYSIS• Section 11-606 defines the term variance as follows: The term "variance" shall mean a deviation from the literal provisions of the Zoning Ordinance which is granted by the Board when strict conformity to the Zoning Ordinance would case an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. ® ~` Section 11-606 also sets the following conditions, all of which must be met in order for a variance to be granted. Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the following conditions have been met: 1. That the granting of the variance will not be contrary to the public interest. 2. That literal enforcement of the Ordinance 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