4.1. BASR 05-09-2006 - Laserfiche WebLink

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Case File:V 06-03 Page 3 If this property had the typical zoning setbacks for a single family residential district as well • as maintained the 3-foot setback (Option 2) from the side property line, only a two foot variance would be required. But with the current setbacks,a 4-foot rear yard variance and a 7-foot side yard variance would be required and this is the option (Option 2) staff would recommend for approval. Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement would cause undue hardship. If the setbacks were adhered to,it would place the garage in an inaccessible position behind the house. It would also require the removal of an existing sidewalk and stair case as well as require the expansion of the existing driveway. 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 special conditions are peculiar to the property. It is an older single family residence in the urban service district. Single family zoned districts in the urban service areas have side and rear yard setbacks of 5-feet. This property has at some time been zoned R4 (multi-family residential)which requires 10-foot setbacks. If it were to have the typical single family setbacks,it would require only one side yard variance of 2-feet (with Option • 2). 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. They conditions are not a consequence of the applicants actions. 4. 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. The literal application would deprive the petitioner of rights. Literal application would result in a garage that is inaccessible resulting in the depriving the right to have a garage (which also is required by the City Ordinance). 5. 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 be in keeping with spirit and intent of the ordinance. The request would not adversely impact other properties in the vicinity. The request will result in larger setbacks than currently are in place. • S:\PLANNING\Case Files\2006\Variance\V 06-03 Eiden\V 06-03_BA.doc