7.3. SR 11-16-1998 - Laserfiche WebLink

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Memo to the Mayor City Council/V 98-12 November 16, 1998 Page 3 door to a patio rather than a deck and not have to worry about setbacks. A ground level patio might offer more privacy as well. Staff cannot account misinformation given as it is undocumented. Financial hardship in this case does not constitute a hardship. The hardship is not caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. Other properties in the area have the same setbacks and similar house plans. The applicants can build a deck or a patio, just not to their designs. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other property owners have to adhere to the new setbacks and make adjustments to plans to accommodate them. The special conditions and circumstances are a consequence of the petitioner's own action or inaction. The setbacks were public information at the time the petitioners bought their home. They are still able to utilize the sliding door with a deck or patio. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. The neighbors support the variance however, it may become a precedent for variances of a similar nature in the area. Recommendation Staff recommends that the Board of Adjustments deny this request for a five (5) foot variance from the side yard setback requirements based on four of the five criteria for granting a variance. \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\v98-12cc.doc