Zoning Resolution 24-Z-206 - Laserfiche WebLink

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January 18, 2024 PZ2023-17 (2) The special conditions and circumstances do not result from the actions of the petitioner; (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant, (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. (5) Granting of 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, (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. Comments: See attached Letter of Intent from the Applicant and final analysis below provided by staff. V. FINAL ANALYSIS Based on the above review, the application is not consistent with the City's Land Development Regulations (LDR's). To be in compliance with LDR's, the Applicant would need to remove approximately 814 sq. ft. of impervious area from the site and reduce the size of the gazebo and remove the structure from the setbacks. The property does not have a special condition or circumstance that is not applicable to other properties in the neighborhood, as the majority of surrounding properties are the same size and shape. Therefore, there is not a hardship that supports the proposed landscaped green area reduction or gazebo variances. The proposed variances are not necessary to make possible reasonable use of the land, building or structure. The property can continue to be enjoyed as a private residence, while meeting the landscaped green area and gazebo requirements. However, granting of the variance is not injurious to the neighborhood and would not otherwise be detrimental to the public safety and welfare and will not substantially diminish or .impair property values within the vicinity. The Applicant has asserted in the application that the variance request will not negatively impact the adjacent properties. Page 5 of 8 14