Laserfiche WebLink
<br />Board of Adjustment <br />March 1, 2007 <br />V07-001 <br />Page 2 of3 <br /> <br />Analvsis: <br /> <br />The applicant is requesting a variance as follows. <br /> <br />D Allow a portion of the pool and deck to be located within the side yard <br />of the house. <br />D It should be noted that staff received a call from Mr. Trent West with <br />the Spencer Landing Home Owner's Association. The Home Owner's <br />Association offers no objection regarding this request. <br /> <br />The Code of Ordinances defines a variance as a deviation from the literal <br />provisions of the chapter which is granted by the Board when strict <br />conformity to the zoning ordinance would cause an unnecessary hardship <br />because of the circumstances unique to the property on which the variance is <br />granted. <br /> <br />Except as otherwise prohibited, the Board is empowered to authorize a <br />variance from a requirement when the board finds that all of the following <br />conditions have been met. <br /> <br />a) That the granting of the variance will not be contrary to the public <br />interest; <br /> <br />b) That literal enforcement of the chapter will result in unnecessary <br />hardship because of exceptional narrowness, shallowness, shape, <br />topography or other extraordinary or exceptional physical situation <br />unique to the specific piece of property in question. "Unnecessary <br />hardship" shall mean physical hardship relating to the property itself as <br />distinguished from a hardship relating to convenience, financial <br />considerations or caprice, and the hardship must not result from the <br />applicant or property owner's own actions; and <br /> <br />c) That by granting the yariance, the spirit of the chapter will be observed. <br /> <br />The Board must decide if the applicant's request for constructing a <br />swimming pool within the side yard of the house is reasonable. The Board is <br />charged with deciding whether all of the above stated conditions have been <br />met. <br /> <br />Staffs review of the property in question does indicate an "unnecessary <br />hardship" relating to the property due to an extraordinary or exceptional <br />physical situation unique to this specific piece of property. <br /> <br />The grounds for relief stated by the applicant are as follows: <br />