Memo

Date:      9/9/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:      Agenda Item 1: Variance – Eden Foord –NW Corner Lake St & Annex Lane– Proposed Variance To Construct A New Single-Family Dwelling With A Substandard Street Yard Setback

 

 

Background:

The applicant is requesting a variance to reduce the street yard setback on Annex Lane from 30 feet to 20 feet to construct a 3 bedroom home.  The property is limited by a ravine and drainage way and a 60 foot We Energies electric utility easement.

Variance Justifications:

Variances can be granted only if they are found to meet the following facts and conditions:

 

1. Exceptional Circumstances -- There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.

 

2. Preservation of Property Rights -- That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity. 

 

3. Absence of Detriment -- That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest.

 

Staff Recommendation

Staff recommends approval of the variance, based on the following criteria:

1.       Exceptional Circumstances –The limited buildable area that exists would not allow the construction of a home of any reasonable size without a variance of the street yard setback from Annex Lane. 

2.       Preservation of Property Rights – The property rights of the adjacent property are not affected by the granting of this variance

3.       Absence of Detriment –There is no detrimental impact on surrounding property.