6. SPSR 09-09-2009 - Laserfiche WebLink

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Print Name: Adam Kersten A type written narrative explaining how the following criteria are met in order to be granted a variance: 1) That literal enforcement of the ordinance would cause the applicant undue (unnecessary, unavoidable, extreme) hardship. As the: drawings illustrate, our home has a garage: ~z,"alk door that was inst,~illed only inches off of the back corner of the strt.~cture. '1"his walk door, due to elevation differences, is currenth unusable:. "I'he literal f:nforcement of this c.~rdin.~nce dictates that the «"sttk door ~~~ll never be ~-tble to be. used because any- si:ructurc. that could be built to gain access to this door would infringe npo^ the required setback. 2) That the hardship is caused by special conditions and circumstances which are peculiar to the land and the structure involved and which are not characteristic of or applicable to other lands or structures in the same district. "I'he problem is twofold. First, the. difference in elevation of the door and tl~~e ground does not allow one to pass safelti-; Second, the placement of the doc,~r is such that any attempt to create an access structure puts it in violation of the setback ordinance. Iiad hett:er choices been made by the buulder, this could have been avoided. 3) That the special conditions and circumstances are not a consequence of the applicant's own action or inaction. Since. this home was purchased from previous owners, «-e had no opportunity to ~a-ork «~ith the builder to place. the door in an alternate location. 4) That the literal application of the provisions of the Ordinance would deprive the applicant of rights enjoyed by other properties in the same district under the terms of the Ordinance. :~ majorit<~ of home. in the neighborhood have accessible garage-«~alk doors. ~k'ithout granting this variance, eve will not have use of said door. "t'lus is an issue for the. following reasons: • It is an aesthetics issue. o The door, without a landing looks out of place and tallies away from the finished look of the Koine. o If we ever chose to sell this propern> we would likely be penalized financially by having this door unaccessible. It is a Safety Issue o \~'ithout securing the door from the. inside, one is free. to walk out the. door to a 5' drop. o This door could serve. as an additional egress from tl~ie home should wc. lose lx~wer to the garage doors. ~~'e don't have that abilir5~ currently. 5) That the variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. Since our yard is fenced iti, there. is no access to the proposed structt.ue to csiuse atly adverse health, safety, or welfare issues. Additionally, the proposed deck would not encroach any filrther into this setback than the garage already does, and since it is in the bstek yard, it will not likely be visually apparent that the deck is outside of normal boundsaries. All five of these criteria need to be met in order to be granted a variance. Variance or Appeal of Zoning Decision Application 12/22/2008 Last Modified Page 3 s:\PL~~NNiNC ~t~~tN\nd~n\~~P~~ac~on rorm~\vanriaace-nppczl.doc