HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE
HOME CARE PROVIDER OFFICE
1727 S.W. 4TH STREET
CASE NO. 08-00697v
The proposed development "Home Care Provider Office" will be comprised of
changing the use of an existing One Story Residence of approximately 1,162
square feet of floor area into an office for the use of health care providers, and to
legalize an existing One Story Structure of approximately 165 square feet of floor
area located on the back of the lot. When the existing one story structure located
on the back of the lot was illegally built, the required rear setback of 10 feet 0
inches was reduced to 2 feet 7 inches. Therefore a VARIANCE is required to relax
the terms of the zoning ordinance on required rear setback.
Request for a VARIANCE, as per, ARTICLE 19, Section 1901, ARRTICLE 14,
Section, 614,3.5.3,1 (b), Minimum required rear setback:
Required 10 feet 0 inches
Proposed 2 feet 7 inches
Variance requested 7 feet 5 inches
The following findings have been made:
It is found that the applicant is seeking to legalize an existing structure
located at the rear of the property that was built without the benefit of a
building permit.
It is found that the encroachment into the setback area deprives the adjacent
property owners of their rightful visual separation.
It is found that there are no special circumstances or conditions, which apply
to the existing property or structure, which does not apply to other properties
with the same zoning designation; therefore, there is no hardship to justify the
requested variances.
It is found that the granting of the variances will not be in harmony with the
general intent and purpose of the Zoning Ordinance 11,000.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
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Yes No N/A.
Z
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lysis for A
A
File ID: 08-00697v
a) Special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same zoning district.
ZLi b) The special conditions and circumstances do not result from the actions
of the petitioner.
x
x
N
c) Literal interpretation of the provisions of this Zoning Ordinance No,
11000 deprives the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this Zoning
Ordinance No. 11000 and works unnecessary and undue hardship on the
petitioner.
d) Granting the variance requested conveys the same treatment to the
individual owner as to the owner of other lands, buildings, or structures in
the same zoning district.
e) The variance, if granted, is the minimum variance that makes possible
the reasonable use of the land, building, or structure.
f) The grant of the variance is in harmony with the general intent and
purpose of Zoning Ordinance No. 11000, and is not injurious to the
neighborhood, or otherwise detrimental to the public welfare by
demonstration of compliance with the following additional criteria related
to impact, character and design:
1) The variance, if granted, would result in a project that is
consistent with the applicable criteria as set forth in Sections
1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such
design relates to the particular location for which the variance is
being sought.