6.3. SR 09-15-1997 - Laserfiche WebLink

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Literal enforcement of the ordinance will cause undue hardship. The Board felt that the applicant did not adequately show that he would suffer an undue hardship if the variance for the 1200 square foot garage was not granted. Recommendation The Board of Adjustment denied the variance request because they felt that the applicant did not adequately address the hardship criteria. However, if the applicant can provide additional information showing that the without the 1200 square foot garage he would suffer undue hardship, staff could support the granting of the variance. If the City Council decides to grant this variance request, the following findings are offered for the Council to consider in support of granting the variance: LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE ADDITIONAL SPACE FOR STORAGE AND TO USE FOR HIS HOBBIES. BECAUSE HIS HOBBIES INCLUDE TRAPPING AND TAXIDERMY, IT IS DESIRABLE TO HAVE A HEATED SPACE SEPARATE FROM THE HOUSE. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. BECAUSE OF THE SIZE OF THE LOT A 40, X 30' GARAGE WOULD NOT BE OUT OF PLACE. THE 1200 SQUARE FOOT MAXIMUM WAS ESTABLISHED WITH SMALLER SIZE LOT IN MIND. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. THERE IS ONE OTHER PROPERTY ON THE CUL DE SAC THAT HAS A DETACHED GARAGE SIMILAR TO THE ONE BEING PROPOSED BY THE APPLICANT. e THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5, THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. THE GARAGE WILL BE SCREENED WITH THE EXISTING WOODS AND THE ADJACENT PROPERTY OWNERS AND NEIGHBORS HAVE SIGNED A PETITION IN SUPPORT OF THE GRANTING OF THE VARIANCE. It is also recommended that if the variance request is approved, the following condition should be included: 1. The proposed garage shall not be constructed with a metal exterior.