3. BASR 08-09-2011 - Laserfiche WebLink

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The ordinance, for this property, allows only two detached accessory structures not to exceed 8,000 square feet of total attached and detached accessory structures. There are currently four structures totaling 14,876 sgft. They are requesting four structures totaling 16,040 sgft. APPLICABLE REGULATIONS Based on a Supreme Court action in 2010, if a property can be used in a reasonable manner, a variance should not be granted. The property has a reasonable use with the construction and occupancy of a dwelling unit. Variance Criteria 7. Literal en~rcement of the ordinance will cause undue hardsh~. Literal enforcement will not cause undue hardship as the applicant has more accessory structures than allowed by ordinance, even if the proposed building were removed. 2. The hardshin is caused by snecial conditions and circumstances which are neculiar to the nronerly and the structure involved and which .are not characteristic o , or a~ilicable to. other lands or structure in the same area. There are no special conditions and circumstances that are peculiar to the property. 3. The snecial conditions and circumstances are not a consequence o~the netitioner'.r own action or inaction. There are no special conditions and circumstances to the property. 4. The literal annlication o~the nrovisions of this ordinance would denrive the~etitioner o~rights enioved by other~ironerties in the same district under the terms o~,this ordinance. The petitioner would not be .deprived any rights, as they have existing accessory structures. S. The variance will not be injurious to or adversely a,~ect the health, sae or we~are of the residents o the city or the neighborhood where the~iro~ierty is located and will be in keening with snirit and intent of the ordinance. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city. Based on the Supreme Court action, the requested variance should be denied. N:\Departments\Community Development\Planning\Case Files\Variance\V 11-01 Hendricl~c\V 11-01_BA.doc