05-28-15 Zoning Board of Adjustment Meeting

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Board of Adjustment Regular Meeting May 28, 2015 th Oakland Land & Development 11 Street Conservation Area Setback Variance Expansion jointAt prop. lineAt prop. line CurbsCurbs disappear at property line if no curb is Curbs disappear at property present at existing street.line if no curb is present at existing street. Obstruction clearance Distance from side lot line *The distance shall be measured from the intersection of property lines common with the street right-of-way lines. Analysis: The request is to allow for a driveway that is located 15 feet from the intersection of Adams th Street and N. 12 Street right-of-way. Section 106-835 requires a minimum 40’ distance from th the intersection of property lines common with the street right-of-way lines. In this case N. 12 Street is an unimproved right-of-way and the city has no plans to improve it. In fact, a city cemetery is located to the west of the subject property and it is believed that there are grave th sites located within the N. 12 Street right-of-way in this location. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation 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 staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be Because the city has no future plans to improve N. th Street in this location, if the Board granted the contrary to the public interest. 12 variance it would not be contrary to the public interest. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The unique circumstance of the grave sites within th Street right-of-way and the fact that the result in unnecessary hardship because of the N. 12 exceptional narrowness, shallowness, shape, city has no current plans or intent to improve the topography or other extraordinary or exceptional right-of-way could present an exceptional physical physical situation unique to the specific piece of situation. 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, 3