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Department Report
Board of Zoning Appeals
August 27, 2001
Page 4 of 14
13-l4h. Crooked Stick Estates, Section 2, Lot 44 (V-90-01; V-91-01)
Petitioner seeks Developmental Standards Variances of Sections 5.3.1 and 25.1.2 in order
to construct an accessory structure within three (3) feet of the east lot line and forward of
the principal structure. The site is located at 1801 West 1 16th Street. The site is zoned S-
l/Residence - Very Low Density.
V -90-01 - Section 5.3.1 (8) - Petition to construct an accessory structure within three (3)
feet of the east lot line.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Zoning
Ordinance, the appropriate distance from lot line for an accessory structure is five
(5) feet.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to erect an accessory structure in a location that is not
permitted other properties in the community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the construction
of an accessory structure within three (3) feet of the east lot line. The adjoining
property has a ten-foot tall masonry wall located adjacent to the building site.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
The property has been successfully utilized as a single family residence since
1980. The continued use of this site for this purpose will not be affected by the
grant or denial of this Developmental Standards Variance petition. Therefore,
there is no practical difficulty in the use of the property.
V-91-01 - Section 25.1.2 - Petition to construct an accessory structure in front of the
principal building.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
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i Department Report
Board of Zoning Appeals
August 27, 2001
Page 5 of 14
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Zoning
Ordinance, the appropriate location for an accessory structure in this situation is
behind the front of the principal structure.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to erect an accessory structure in a location that is not
permitted other properties in the community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the construction
of an accessory structure forward of the principal building. The building site is
located approximately 260 feet from the south right-of-way line of West 116th
Street.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
The property has been successfully utilized as a single family residence since
1980. The continued use of this site for this purpose will not be affected by the
grant or denial of this Developmental Standards Variance petition. Therefore,
there is no practical difficulty in the use of the property.
The Department recommends negative consideration of Docket Nos. V-90-01 &
V-91-01 given the findings-of-fact expressed above.
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