Zoning Resolution 25-Z-215 - Laserfiche WebLink

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April 17, 2025 PZ2025-04 The following are the standards of review for variance applications from code Sec. 265- 15.G.: A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met.- (1) et. (1) 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, (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. The requested building variances are in relation to new construction and a hardship has not been identified that supports the proposed variances. The subject property does not have a special condition or circumstance that is not applicable to other lands, structures or buildings in the same zoning district. The property conforms to the minimum lot size and width requirements. The requested variances are not essential to enable reasonable use of the land, building, or structure, as a new home can be reasonably constructed in compliance with existing regulations. However, granting Page 5 of 9 51