04-28-1994 Public Hearing and Regular Meeting ZBOA

Browse Search

Page 2 of 4 Zoning Board of Adjustment Staff Report of OS/26/94 V94-006 circumstances unique to the property on which the variance is 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 3. That by granting the variance, the spirit of the Ordinance will be observed. The first issue to be dealt with is that of hardship. As illustrated on Exhibit A, the lot in question is of an unusual shape. The rear yard becomes quite narrow. Although the property is fairly large (approximately 7,300 sq. ft.), the useable rear yard area is quite restricted. The imposition of the twenty feet rear setback line reduces buildable area even further. If Zoning Ordinance setback provisions are strictly enforced, the twenty feet rear setback line, in conjunction with the odd lot configuration will preclude construction of the requested patio awning. These factors will deprive the applicants of a reasonable degree of property use. This constitutes a hardship. The hardship will be as a result of the property's configuration. The application therefore satisfies ordinance guidelines regarding hardship. The next issues to be considered are protection of public interest and preservation of the intent and spirit of the Zoning Ordinance. while these are separate issues, the considerations involved are similar enough that, in the contact of this request, they can be addressed in a single discussion. Section 4.104 states that the rear of a through lot shall be the face abutting the "major" streets. The City's Thoroughfare Plan classifies both East "E" and Park as "local collectors". Neither is a "major" street. It is solely by choice of the original builder and not by City requirement, that the home on this site was