08-25-16 05 Regular Called Zoning Board of Adjustment Meeting

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Board of Adjustment Meeting August 25, 2016 Bayway Homes Variance Analysis: The applicant is seeking approval of a variance that would allow the applicant to build a new single family attached townhouse development the 2 northern property lines, a way to side pr. 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 stahose criteria: Criterion: Staff Finding: a. That the granting of the variance will not be Granting this variance would allow for a series of contrary to the public interest deviations to help build a single family attached townhouse development. As it currently stands, all of the surrounding residential area is undeveloped. The R-2 zoning allows for the proposed use. To the north of this project is the unimproved E nd St. right-of-way that at N. 2 St. is being used for Hike and Bike Trail. This creates a buffer between the proposed development and the commercial/industrial uses to the north. b. That literal enforcement of this chapter will As it relates to driveway criteria in result in unnecessary hardship because of townhouse/quadraplex developments, meeting exceptional narrowness, shallowness, shape, the code is difficult and likely impossible. topography or other extraordinary or According to Section 106-333 referenced earlier, exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical you half the required distance between driveways hardship relating to the property itself as distinguished from a hardship relating to the minimum convenience, financial considerations or driveway width. Section 106-839 requires 2 caprice, and the hardship must not result from parking spaces minimum per household while the applicant or property owner's own actions. Section 106-835 requires that each parking spot wide but the City code requires 2 As it relates to density requirements and side setbacks, staff finds it difficult to argue that there is an unnecessary hardship preventing the