Laserfiche WebLink
` VN-213 <br />Page #2 <br />The crucial points of the variance are: <br />a) undue hardship; <br />b) unique circumstances; and <br />c) applying to property. <br />A variance is not justified unless all <br />three elements are present in the <br />case. <br />THIRTY (30-) FOOT SIDE YARD SETBACK PROPOSAL: <br />In reference to this particular proposal, <br />the applicant has submitted a letter <br />indicating that the setback of 30' <br />between--a R-l district.and an R-2 <br />dwelling greatly reduces the size of <br />the lot to build on. <br />The Board of Planning has been discussing during the work% sessions <br />on the zoning code revisions reducing.this setback from to feet. <br />The code has not been changed, nor has the Bo.ard of Planning made <br />any formal recommendations. Staff contends that no warrants exist <br />in terms of unique circumstance,.hardship applying to this property. <br />The lot directly across 1.4A Street has the exact dimensions and the <br />same applicable code regulations as.-the lot in'question. -Presently;--. <br />a duplex is being constructed on that property and no variances <br />have been obtained. <br />ZERO LOT LINE REQUEST: <br />The Board'of'Review and the City Council <br />when considering a subdivision creating <br />a number of.lots under the provisions of <br />a Planned Residential Development required <br />that the lots being divided in such a <br />manner as to create a "zero lot line." <br />However, the City Council nor the <br />Planning Commission have addressed a <br />proposal to divide an existing parcel <br />to-create a "zero lot line" or individual <br />ownership of'the units of.a duplex. <br />The applicant is requesting a variance to accomplish individual <br />ownership of each unit..- The proposal does not demonstrate the <br />necessary warrants for granting a variance- If the Planning <br />Commission recommended approval of.this proposal, a precedent would <br />be established for future similar considerations. <br />Staff has been advised by the City Attorney that the City cannot <br />grant a variance unless the warrants for such a request exist.- <br />Therefore, a request for a zero l.ot line would involve a zoning <br />code amendment establishing this individual ownership as a special