4.1. BASR 10-22-2002 - Laserfiche WebLink

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Memo to Board of Adjustments October 22,2002 Page 2 Existing Conditions The subject property is approximately one acre in area and is heavily wooded. The lot is a long rectangular lot measuring on average 400 feet deep by 110 feet wide. The house is setback to the rear of the property and,as currently placed,already encroaches within the 30- foot setback. There is an existing deck, which is approximately the same size as the proposed porch,that is entirely encroaching into the setback. This existing deck reflects the setback distance that the applicant has requested. To the rear of the property is an outlot which creates a buffer to neighboring properties. Because of heavy vegetation and the distance the house is setback from the road,the home is secluded and the proposed porch would not be visible from any neighboring homes. Overview As was stated by the applicant's narrative, the house was constructed in 1971, when this development was within the township and during that time, the county regulated the property. Now the property is within the city limits and the current zoning of the property is R1a,which has a minimum lot size of 212 acres. The property is only about one acre in size. It currently has greater restrictions,in setback distances,placed upon it than would a one-acre lot in the R1b District,but even in the R1b District,a 15-foot rear yard setback is not allowed. Analysis • In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement would not allow the applicant to build a four-season porch off the rear of the house. 2. The hardship is 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. The house was built before it was regulated by the city and it has a smaller lot size than is allowed by the current zoning of the property. The house was also located on the site in such a manner that would not allow for today's setbacks. 3. The literal application ofthe provisions ofthis ordinance would deprive the petitioner ofrights enjoyed by other properties in the same district under the terms of this ordinance. Other properties in the vicinity might have the ability to construct four-season porches. 4. The special conditions and circumstances are not a consequence ofthepetitioner's awn action orinaction. • S:\PLANNING\Case Files\V 02-07 Lubrecht\V02-07.DOC