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~'S Spring Mill Heights, Section 1, Lot 5 (V-98-01)
Petitioner seeks a Developmental Standards Variance of Section 6.4.3(B): Minimum Side
Yards in order to construct a house addition encroaching 5 feet into the minimum 10-foot
side yard (5-foot side yard). The site is located at 335 West 107th Street. The site is
zoned S-2/Residence.
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 S-2/Residence
District Ordinance (Zoning Ordinance Chapter 6), the appropriate distance from
lot line for a primary structure is ten (10) feet.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to expand a primary building into an area 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 addition within five (5) feet of the east lot line.
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
1984. 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 this petition. The
Department does not believe that sufficient evidence has been presented to establish that
there is practical difficulty in the use of the property as a single-family residence.
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