Laserfiche WebLink
Board of Adjustments/V 97-18 <br /> October 28, 1997 <br /> Page 2 <br /> actual house is setback 16 feet from 6th and 40 feet from Jackson. The <br /> setbacks from the other property lines would be 10 feet and 59 feet, which <br /> comply with the required setbacks. <br /> If the applicant is required to meet the 30 foot setback from 6th St., she <br /> would only be able to construct a house that is 26 feet wide. The proposed <br /> placement of the house on the lot is typical of other properties in this older <br /> residential neighborhood. Current standards require that corner lots be an <br /> extra 20 feet wider than what is normally required. This extra width is <br /> intended to allow for the double front yard setbacks that are applicable to <br /> corner lots. When this subdivision was platted, corner lots typically were not <br /> any wider than other lots. When current setbacks are applied to these <br /> smaller lots, it is difficult to place a normal size house on the lot and still <br /> comply with the double front yard setback requirement. <br /> Variance <br /> A variance may be granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> • 2. The hardship is caused by special conditions and circumstances which <br /> are peculiar to the property and the structure involved and which are <br /> not characteristic of, or applicable to, other lands or structure in the <br /> same area. <br /> 3. The literal application of the provisions of this ordinance would <br /> deprive the petitioner of rights enjoyed by other properties in the same <br /> district under the terms of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. The variance will not be injurious to or adversely affect the health, <br /> safety or welfare of the residents of the City or the neighborhood <br /> where the property is located and will in keeping with spirit and intent <br /> of the ordinance. <br /> Recommendation <br /> Staff believes that the applicant meets the 5 criteria required for granting a <br /> variance and recommend the Board of Adjustment approve this variance <br /> • request to the front yard setback based on the following findings: <br /> s:\planning\scott\v97-18.doc <br />