4. BOASR 09-15-2009 - 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 (unnecessai-h, unavoidable, extreme) hardship. ~~ the dra~~~ings it l strata, roar home has a garage walk door that. was installed only inches off of the Bach corner of the structuue. 'T'his walk door, due to elevation differences, is clurend~- unusable. 'I'l~~c literal enforcerr~cnr c,f this <~rdinance dictates that the «~s~alk door ~~~ill nee e.r he ;able tc, be used he cause anti structuue dial could be built to gain access to this door would infringe upon the reyuircd 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. 1'he problem is ncofold. h`irst, thr difference in elevation of the d<_>or ,and the grcnttld does n<~t all<,~w ~>ne to pass safely; Second, the placement <.~f the door is such that any attempt to create san access structure puts it in violation of the setback ordinance. 1 Iad better choices been made b~~ ~Iae builder, this could h:a~-e been avoided. 3) That the special conditions and circumstances are not a consequence of the applicant's own action or inaction. Since this home. ~,~ras pure}lased from previous openers, we land no c>pportunih- to work with 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. A majoritT- of home in the neighborhood havt accessible garage:-walk doors. A&'i.thout grantiil~ tl>is variance, we will riot have use. caf said. dc:>or. "I'h.is is an issue for the folkawirl~ teas<~ns: • It is an aesthetics issue. 0 7'he. door, ~~-idaout <.t landing looks out of place and takes away from the finished look of the hcnne. o If •ve c°~-er chose to sell this property we would likely be penalized financially b~~ having this door u~laccessible. y . It is a Safety Issue. o ~\'ithout securing the door from the inside., one is Tree to w.~lh out tl~ie door to a S drop. o This door could serve ~as aa~a additional egress from the home should we lose lxawer to the garage doors. ~~%c don't have. that abilit~~ currei~ath~. 5) That the variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the Cit3~ or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. Since our ~~ard is fci~aced in, there is no access to the proposed strucn.~re to cause any adverse health, s afet~~, or welfare issues..-~\dditionstlly. the pr~>posed deck would not encroach any fu~rthe.r into this sr.ebacls than the garage already does, and since it is in the back ~-:ard, it ~~~ill not liheh~ be visuall}% apparent that the. deck is outside of normal boundaries. 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:~>>>,~uvtviNC b1~1tN~:lam;n\.1ppGcation corm.\~'a=;a„~~-,~~n~~;,~.a~,~